PENSKE TRUCK LEASING CO., L.P. v. EAGLE INSURANCE COMPANY


261 A.D.2d 374 (1999)

687 N.Y.S.2d 288

PENSKE TRUCK LEASING CO., L.P., Appellant, v. EAGLE INSURANCE COMPANY, Respondent.

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

Decided May 3, 1999.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for entry of a judgment declaring that the defendant is not obligated to defend and indemnify the plaintiff in the underlying action.

The defendant's insurance policy and endorsements cannot be read to include the vehicle involved in the accident which gave rise to the underlying personal injury action (see, County of Columbia v Continental Ins. Co.,...

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