GENERAL ASSURANCE COMPANY v. SCHMITT


265 A.D.2d 299 (1999)

696 N.Y.S.2d 72

GENERAL ASSURANCE COMPANY, Appellant-Respondent, v. LOUISE SCHMITT, Respondent-Appellant, and BRIAN MOHR, Respondent.

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

Decided October 4, 1999.


Ordered that the order is reversed, on the law, with costs to the defendant Louise Schmitt, that branch of the motion which was to declare that the plaintiff is not obligated under the policy at issue herein to pay Brian Mohr's medical expenses is granted, and the motion is otherwise denied, that branch of the cross motion which was to declare that the plaintiff General Assurance Company is obligated under the policy at issue herein to indemnify the defendant Louise Schmitt...

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