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KIPPER v. UNDERWRITERS GROUP

304 A.D.2d 62 (2003)

756 N.Y.S.2d 682

LOUIS KIPPER et al., Respondents, v. UNIVERSAL UNDERWRITERS GROUP, Appellant, et al., Defendants.

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

March 21, 2003.

Attorney(s) appearing for the Case

Walsh & Wilkins, Buffalo (Nicole A. Heary of counsel), for appellant.

Sugarman Law Firm, LLP, Syracuse (Sandra L. Holihan of counsel), for respondents.

GREEN, J.P., HURLBUTT, BURNS and GORSKI, JJ., concur.

OPINION OF THE COURT

HAYES, J.

Plaintiffs commenced this action seeking, inter alia, a declaration that defendant Universal Underwriters Group (Universal) must assume the defense for plaintiff Louis Kipper in the underlying negligence action against him and provide primary coverage for him. Kipper was involved in an automobile accident while test-driving an automobile owned by defendant N.J. Curry Oldsmobile, Inc. (Oldsmobile), with Oldsmobile's permission...

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