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CRUMP v. UNIGARD INSURANCE COMPANY

291 A.D.2d 692 (2002)

738 N.Y.S.2d 425

WINNIE A. CRUMP, as Administrator of the Estate of THOMAS J. CRUMP, SR., Deceased, Appellant, v. UNIGARD INSURANCE COMPANY, Respondent, and PROSPER'S TRUCKING, INC., et al., Appellants.

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

Decided February 21, 2002.

Rose, J.

Plaintiff brought an action against defendants Prosper's Trucking, Inc. (hereinafter Prosper) and Trent A. Emery to recover damages for the wrongful death of her husband in a November 29, 1996 motor vehicle accident. Prosper's insurer, defendant Unigard Insurance Company, disclaimed coverage, contending that AFCO Credit Corporation, a premium financing agency, had cancelled its insurance policy as of November 25, 1996. When plaintiff subsequently sought a...

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