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KILADZE v. COUNTRYWIDE INSURANCE COMPANY

40 A.D.3d 229 (2007)

835 N.Y.S.2d 143

ANAIT KILADZE et al., Respondents-Appellants, v. COUNTRYWIDE INSURANCE COMPANY, Appellant-Respondent, et al., Defendants.

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

Decided May 1, 2007.

Questions of fact preclude summary judgment on the issue of whether Country-Wide is liable for the underlying judgment against its insured. The record reveals material issues as to when Country-Wide received notice of the claim, and as to whether plaintiffs exercised diligent efforts in locating the insured and notifying Country-Wide of the accident. An issue of fact is raised as to whether plaintiffs' efforts to notify Country...

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