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FOGARTY v. BOSTON OLD COLONY INS. CO.

222 A.D.2d 484 (1995)

635 N.Y.S.2d 647

Richard Fogarty, Respondent, v. Boston Old Colony Insurance Company et al., Appellants, et al., Defendant, and Allstate Insurance Company, Respondent

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

December 11, 1995

Ordered that the order is affirmed, with one bill of costs.

In this action for a declaratory judgment, the plaintiff, Richard Fogarty, sought a declaration that either Boston Old Colony Insurance Company (hereinafter Boston) or Allstate Insurance Company (hereinafter Allstate) had a duty to defend and indemnify him as their insured in a pending action in which an injured party sought damages for personal injuries she sustained...

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