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POTTER v. NAT'L GRANGE MUT. INS. CO.

237 A.D.2d 889 (1997)

656 N.Y.S.2d 981

Frank Potter et al., Individually and as Parents and Natural Guardians of Frank D. Potter and Another, Infants, Respondents, v. National Grange Mutual Insurance Company, Appellant. (Appeal No. 3.)

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

March 14, 1997

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court erred in concluding that, by breaching its duty to defend, defendant, National Grange Mutual Insurance Company (National Grange), was collaterally estopped from contesting whether the loss is within the policy coverage (see, Servidone Constr. Corp. v Security Ins. Co., 64 N.Y.2d 419, 423). The court, however, also addressed on the merits...

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