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PROGRESSIVE INSURANCE COMPANIES v. BROUSE

272 A.D.2d 996 (2000)

708 N.Y.S.2d 673

PROGRESSIVE INSURANCE COMPANIES, Appellant, v. WILLIAM BROUSE, as Administrator of the Estate of JAMMIE POWELL, Deceased, et al., Defendants, and JEFFREY C. PACHOUD, as Administrator of the Estate of JANELL PACHOUD, Deceased, et al., Respondents.

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

Decided May 10, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied plaintiff's motion for summary judgment but erred in declaring that plaintiff is obligated to defend and indemnify its insured, Troy Powell, against personal injury claims arising from an automobile accident involving Jammie Powell, Troy's brother, the driver of Troy's vehicle...

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