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SEAVEY v. JAMES KENDRICK TRUCKING, INC.

4 A.D.3d 119 (2004)

770 N.Y.S.2d 865

AVERY B. SEAVEY et al., Appellants, v. JAMES KENDRICK TRUCKING, INC., et al., Defendants, and GRANITE STATE INSURANCE CO., Respondent.

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

February 5, 2004.

Granite State's obligation to defend or indemnify did not extend to plaintiffs, who, it is now uncontroverted, were not named as insureds or additional insureds under the Granite State workers' compensation and employer's liability policy (see Sanabria v American Home Assur. Co., 68 N.Y.2d 866 [1986]; National Gen. Ins. Co. v Hartford Acc. & Indem. Co., 196 A.D.2d 414 [1993]). Plaintiffs...

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