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LUCAS v. HOMOLAC

247 A.D.2d 591 (1998)

669 N.Y.S.2d 250

Patricia Lucas, Plaintiff, v. Alena Homolac et al., Defendants, and William Telesca, Defendant, and Third-Party Plaintiff-Respondent. Allstate Insurance Company, Third-Party Defendant-Appellant

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

February 23, 1998

Ordered that the order is affirmed, with costs.

It is well settled that an insurance carrier's duty to defend is broader than its duty to indemnify (Seaboard Sur. Co. v Gillette Co., 64 N.Y.2d 304, 310). The Supreme Court properly held that the allegations of the complaint in the underlying negligence action were not cast "solely and entirely within the policy exclusions" (International...

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