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AVONMARK INS. v. ALLSTATE INS

188 Misc.2d 867 (2001)

729 N.Y.S.2d 842

AVONMARK INSURANCE COMPANY, Plaintiff, v. ALLSTATE INSURANCE COMPANY et al., Defendants.

Supreme Court, Erie County.

June 20, 2001.

Attorney(s) appearing for the Case

Chelus, Herdzik, Speyer, Monte & Pajak, P. C. (Gregory V. Pajak of counsel), for Allstate Insurance Company, defendant.

Petrone & Petrone, P. C. (Norton T. Lowe of counsel), for plaintiff.

Kenney, Kanaley, Shelton & Liptak, L. L. P. (James S. Nowak of counsel), for Oneida Rodriguez and another, defendants.

OPINION OF THE COURT

JOSEPH G. MAKOWSKI, J.

A vehicle owned by defendant Guiher and insured by defendant Allstate Insurance Company (hereinafter Allstate) was involved in an accident with a vehicle owned by defendants Oneida and Nelson Rodriguez. Guiher filed a police report claiming that his vehicle had been stolen at the time of the accident, and filed a report with his insurance carrier (Allstate) also asserting...

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