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U.S. UNDERWRITERS INS. CO. v. MESIFTAH EITZ CHAIM OF BOBOV

210 A.D.2d 218 (1994)

620 N.Y.S.2d 5

U.S. Underwriters Insurance Company, Appellant, v. Mesiftah Eitz Chaim of Bobov, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 5, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

After commencing this declaratory judgment action to avoid its obligation to defend the respondent insured in an underlying personal injury action, the plaintiff insurer abandoned prosecution of this action, admitted coverage, and settled the underlying action on behalf of the respondent. The plaintiff does not dispute that it was required to defend and indemnify the respondent in the underlying...

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