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ROSNER v. METROPOLITAN PROPERTY & LIABILITY INS.

No. 99-9110.

236 F.3d 96 (2000)

Hanna ROSNER, as Guardian of Israel Rosner, Hanna Rosner, Individually, Plaintiff-Appellee, Charles D. Mintz, Letty Mintz, Third-Party-Defendant-Appellees, v. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, Defendant-Third-Party-Plaintiff-Appellant.

United States Court of Appeals, Second Circuit. August Term, 1999.

December 12, 2000.

Attorney(s) appearing for the Case

Edward B. Flink, Latham, New York (Flink, Smith & Associates, LLC), for Defendant-Appellant.

Brian J. Isaac, New York, New York (Herbert S. Subin, Subin Associates LLP, of counsel), for Plaintiffs-Appellees.

Before: LEVAL and SOTOMAYOR, Circuit Judges, and MURTHA, District Judge.

LEVAL, Circuit Judge:

This sad occurrence presents a complex question concerning the meaning of an unclear statute governing the administration of insurance in New York. Plaintiff, suing as guardian of a person injured in a traffic accident, sought a declaratory judgment that an insurance policy issued by the negligent driver's insurer, defendant Metropolitan Property and Liability Insurance Company, remained in effect on...

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