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ALLSTATE INSURANCE COMPANY v. ROBERTS

299 A.D.2d 820 (2002)

749 N.Y.S.2d 352

ALLSTATE INSURANCE COMPANY, Appellant, v. EUGENE ROBERTS et al., Defendants, and JEANNETTE ROBINSON, as Administratrix of the Estate of LUCY MAE ROBERTS, Deceased, Respondent.

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

Decided November 15, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is modified on the law by further granting that part of the motion of plaintiff with respect to the wrongful death cause of action and granting judgment as follows:

It is adjudged and declared that plaintiff is not required to defend or indemnify defendant Eugene Roberts with respect to the wrongful death cause of action, and as modified the...

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