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BAUGHMAN v. MERCHS. INS CO

87 N.Y.2d 589 (1996)

663 N.E.2d 898

640 N.Y.S.2d 857

Donald H. Baughman et al., Appellants, v. Merchants Mutual Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 1996.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo (John A. Collins of counsel), for appellants.

Hurwitz & Fine, P. C., Buffalo (Thomas P. Cunningham and Dan D. Kohane of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH, LEVINE and CIPARICK concur.

BELLACOSA, J.

The dispositive issue on this appeal, before the Court as of right based on a two-Justice dissent at the Appellate Division (CPLR 5601 [a]), is whether a particular commercial insurance policy clause excludes coverage for a 1978 single-vehicle accident. We conclude that the coverage for the owners with respect to the accident and personal-trip circumstances presented by this case was definitively...

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