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NATL. UNION INS. v. PEP BOYS

304 A.D.2d 218 (2003)

759 N.Y.S.2d 42

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant, v. THE PEP BOYS—MANNY, MOE & JACK, Respondent.

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

April 29, 2003.

Attorney(s) appearing for the Case

Bruce M. Strikowsky of counsel (Eric A. Portuguese on the brief; Lester Schwab Katz & Dwyer, LLP, attorneys), for appellant.

Lisa M. Cobb of counsel (Robert B. Bodzin on the brief; Schnader Harrison Segal & Lewis LLP, attorneys), for respondent.

NARDELLI, J. P., SAXE, SULLIVAN and ROSENBERGER, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

This appeal requires us to determine whether plaintiff insurer has a duty under the commercial general liability insurance policy held by defendant operator of a nationwide chain of automobile parts and service stores to defend and indemnify defendant in an action alleging that defendant sold used and old car batteries as new ones to unsuspecting consumers. We hold, upon analysis of the scope of the coverage of the policy...

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