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PROGRESSIVE INSURANCE COMPANY v. ZURICH INSURANCE

288 A.D.2d 879 (2001)

732 N.Y.S.2d 495

PROGRESSIVE INSURANCE COMPANY, Appellant, v. ZURICH INSURANCE et al., Respondents, and MICHAEL GRECO et al., Respondents-Appellants, et al., Defendants.

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

Decided November 9, 2001.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, Progressive Insurance Company (Progressive), commenced this action seeking, inter alia, a declaration that defendant Zurich Insurance (Zurich) and not Progressive must defend and indemnify Christopher Loder, Sr. (Loder) in the underlying wrongful death action. Loder's granddaughter had just left Loder's vehicle when she was struck...

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