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AM. TRANSIT INS. CO. v. MENDON LEASING CORP.

241 A.D.2d 436 (1997)

660 N.Y.S.2d 725

American Transit Insurance Company, Appellant, v. Mendon Leasing Corporation et al., Respondents

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

July 31, 1997

It is undisputed that as of October 1989 the policy at issue listed the subject vehicle in a schedule as an insured vehicle. The insurer had in its possession all the information necessary to make a determination as to whether the subject vehicle was listed under the policy or not as early as December 1990. Instead of disclaiming, it actively engaged in settlement negotiations with the plaintiffs' personal injury attorneys between...

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