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EXCELSIOR INS v. PROGRESSIVE INS

170 Misc.2d 78 (1996)

649 N.Y.S.2d 331

Excelsior Insurance Company, Plaintiff, v. Progressive Casualty Insurance Company et al., Defendants.

Supreme Court, Erie County.

October 9, 1996

Attorney(s) appearing for the Case

Lustig & Brown, Buffalo (David E. Fretz of counsel), for plaintiff. Bouvier, O'Connor, Buffalo (Chris G. Trapp of counsel), for Progressive Casualty Insurance Company, defendant.

FRANK A. SEDITA, JR., J.

This lawsuit arises out of a high speed chase in which defendant Robert Major, Sr. (hereinafter Robert Sr.) was a passenger in a car owned and driven by his son Robert Major, Jr. (hereinafter Robert Jr.). Robert Sr. and his son were chasing a company-owned truck which Robert Sr. regularly operated, and which they believed was stolen. Actually, the truck was being driven by a second son...

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