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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CASTRO

266 A.D.2d 464 (1999)

698 N.Y.S.2d 535

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. JAVIER CASTRO, Respondent. COLONIAL PENN INSURANCE COMPANY et al., Proposed Additional Respondents.

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

Decided November 22, 1999.

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

A triable issue of fact was raised as to whether the vehicle owned and operated by Anna Bou was insured by the Colonial Penn Insurance Company at the time of the accident. Accordingly, that issue should be resolved at a hearing (see, American Tr. Ins. Co. v Story...

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