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ROBBINS v. MICHIGAN MILLERS MUT. INS. CO.

236 A.D.2d 769 (1997)

653 N.Y.S.2d 975

James Robbins, Respondent, v. Michigan Millers Mutual Insurance Company, Appellant

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

February 27, 1997

Casey, J.

Plaintiff, who was injured in an altercation with defendant's insured, commenced the underlying action for damages against the insured. When defendant first received notice of the underlying action against its insured, it disclaimed coverage on the basis of an exclusion for bodily injury intentionally caused by an insured. The insured defaulted in the underlying action and, after an inquest to assess...

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