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STATE FARM INSURANCE COMPANY v. LOFSTAD

278 A.D.2d 224 (2000)

717 N.Y.S.2d 287

STATE FARM INSURANCE COMPANY, as Subrogee of SALVATORE SAMMARTINO, Plaintiff, v. DAVID LOFSTAD, Defendant and Third-Party Plaintiff-Respondent. CONTINENTAL INSURANCE CO., Third-Party Defendant-Appellant.

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

Decided December 4, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the third-party complaint is dismissed.

The defendant third-party plaintiff David Lofstad (hereinafter Lofstad) obtained a policy of insurance from the third-party defendant Continental Insurance Co. (hereinafter Continental). The term of the policy was from August 26, 1994, to August 25, 1995. On December...

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