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SERIO v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

7 A.D.3d 277 (2004)

776 N.Y.S.2d 245

GREGORY V. SERIO, Superintendent of Insurance, as Liquidator of NEW YORK MERCHANT BAKERS INSURANCE COMPANY, Respondent, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY, Appellant-Respondent, and ATLANTIC EXPRESS, INC., ET AL., Respondents-Appellants.

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

May 6, 2004.

PSM's claim that it was not required to provide coverage for the underlying action against the insureds is unavailing since the allegations therein did not involve the "ownership, maintenance or use" of the school bus sufficient to invoke the exclusion in its commercial general liability insurance policy (see Towne Bus Corp. v Insurance Co. of State of Pa., 295 A.D.2d 272, 273 [2002]; New Hampshire Ins. Co. v Jefferson Ins. Co...

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