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ERDMAN v. EAGLE INS. CO.

239 A.D.2d 847 (1997)

658 N.Y.S.2d 463

Alan H. Erdman, Individually and as Contract Assignee of The Estate of David P. Feulner, Deceased, Appellant, v. Eagle Insurance Company, Care of Material Damage Adjustment Corporation, Respondent

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

May 22, 1997

Carpinello, J.

The genesis of the instant action is an October 17, 1992 automobile accident in Saratoga County between plaintiff and David P. Feulner, as a result of which plaintiff sustained serious injuries and Feulner died. Defendant, who had issued a policy of automobile insurance to Feulner, disclaimed coverage for the accident on the ground that the underlying insurance policy had been canceled on September 30, 1992. Having obtained a judgment against...

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