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CALVERT INS. CO. v. CIGNA INS. CO.

239 A.D.2d 243 (1997)

658 N.Y.S.2d 12

Calvert Insurance Company, Appellant, v. CIGNA Insurance Company, Respondent

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

May 15, 1997

The alleged assault on the infant plaintiff in the underlying tort action while a passenger on a school bus did not arise out of the use of that vehicle (see, Horney v Tisyl Taxi Corp., 93 A.D.2d 291). Recent judicial repudiation of the common carrier doctrine (see, Adams v New York City Tr. Auth., 88 N.Y.2d 116) renders plaintiff's reliance on earlier case law inappropriate...

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