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MATTER OF COLONIAL PENN INSURANCE COMPANY v. MARTICH

260 A.D.2d 378 (1999)

687 N.Y.S.2d 714

In the Matter of COLONIAL PENN INSURANCE COMPANY, Appellant, v. JORGE MARTICH, an Infant, by His Mother and Natural Guardian, ZORAYA L. CRUZ, Respondent. LIBERTY MUTUAL INSURANCE COMPANY et al., Proposed Additional Respondents.

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

Decided April 5, 1999.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for the joinder of the proposed additional respondents Liberty Mutual Insurance Company and Bryan R. Schretzmayer, and for a hearing on the issue of whether the offending vehicle was insured at the time of a June 4, 1997, accident.

The petitioner contends that the termination of coverage by the proposed additional...

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