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HARTFORD INS. CO. v. HALT

223 A.D.2d 204 (1996)

646 N.Y.S.2d 589

Hartford Insurance Company of the Midwest, Appellant, v. James S. Halt et al., Respondents. (Appeal No. 2.)

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

July 12, 1996

Attorney(s) appearing for the Case

Smith, Murphy & Schoepperle, Buffalo (Frank G. Godson of counsel), for appellant.

Davis, Augello, Matteliano & Gersten, L. L. P., Buffalo (William A. Gersten of counsel), for James S. Halt, respondent.

Smith, Keller, Miner & O'Shea, Buffalo (R. Charles Miner of counsel), for Kathleen M. Pfeiffer, respondent.

Weissfeld, Weissfeld & Weissfeld, Buffalo (Adrian R. Weissfeld of counsel), for Bruno Molino, respondent.

Paul William Beltz, P. C., Buffalo (Kevin Sullivan of counsel), for Stephen J. Niedziela, respondent.

Miserendino, Celniker, Seegert & Estoff, P. C., Buffalo (Philip Celniker of counsel), for Barbara M. Lamm and another, respondents.

PINE, BALIO and DAVIS, JJ., concur with DENMAN, P. J.; CALLAHAN, J., dissents and votes to affirm in a separate opinion.

DENMAN, P. J.

These appeals require us to decide whether the entitlement exclusion of an automobile liability policy that excludes coverage to "any person * * * [u]sing a vehicle without a reasonable belief that that person is entitled to do so" is applicable to a "family member" of the insured. We hold that the policy unambiguously excludes liability coverage for a "family member" who uses the vehicle without...

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