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ROYAL CO. v. WASHINGTON INS.

92 N.Y.2d 653 (1998)

707 N.E.2d 425

684 N.Y.S.2d 470

Royal Indemnity Company, Respondent, v. Providence Washington Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Schindel, Farman & Lipsius, L. L. P., New York City (Laurence J. Rabinovich, Jeffrey Scott Rogoff and Andrew Karonis of counsel), for appellant.

Brody, Fabiani & Cohen, New York City (John V. Fabiani, Jr., and Jonathan P. Mincieli of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

In this Federal litigation between the insurer of the owner of a truck and the insurer of the trucking company lessee of the truck, the issue is the validity of a clause in the owner's "bobtail" policy1 which excluded from coverage any accident occurring while the truck was being used in the business of the lessee. The United...

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