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UTICA MUTUAL INSURANCE COMPANY v. TIMMS

293 A.D.2d 669 (2002)

740 N.Y.S.2d 455

UTICA MUTUAL INSURANCE COMPANY, Appellant, v. DU-ANE TIMMS et al., Defendants, and CALVIN POWELL, Respondent.

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

Decided April 22, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action for a judgment declaring that, based upon the submission of a fraudulent insurance claim by the defendant Calvin Powell (hereinafter the defendant), it was not obligated to provide no-fault coverage or to defend the defendant in an underlying action commenced in the Supreme Court, Bronx County. The defendant notified the plaintiff that he was involved in an...

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