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CHEMISTS v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

278 A.D.2d 349 (2000)

718 N.Y.S.2d 616

ASTORIA CHEMISTS, Respondent, v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT, Appellant.

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

Decided December 18, 2000.

Ordered that the appeal from the order dated July 13, 2000, is dismissed; and it is further,

Ordered that the order dated February 4, 2000, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

We agree with the Supreme Court that the defendant had a duty to disclaim as soon as reasonably possible on the basis of the automobile exclusion contained in its commercial general...

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