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HARVESTER CHEM. CORP., INC. v. AETNA CAS. & SUR. CO.

204 A.D.2d 251 (1994)

612 N.Y.S.2d 148

Harvester Chemical Corp., Inc., Respondent, v. Aetna Casualty & Surety Company, Appellant, et al., Defendant

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

May 31, 1994

Defendant Aetna disclaimed coverage under a comprehensive general liability policy in an underlying personal injury action commenced against plaintiff, Harvester, a New Jersey corporation, by Gerald McGovern in Bronx County. Plaintiff commenced this action for declaratory judgment asserting that the cancellation of the policy was defective, and, therefore, coverage existed.

Plaintiff had commenced an earlier action against Aetna, for declaratory judgment in New Jersey...

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