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CRAGG v. ALLSTATE INDEM.

167 CA 09-01524

74 A.D.3d 90 (2010)

905 N.Y.S.2d 381

ERIC CRAGG, as Administrator of the Estate of KAYLA MARGARET ROSE CRAGG, Deceased, Appellant, v. ALLSTATE INDEMNITY CORPORATION, Respondent, et al., Defendants.

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

Decided May 7, 2010.

Attorney(s) appearing for the Case

Law Office of John J. Fromen, Buffalo, Magavern Magavern Grimm LLP ( Edward J. Markarian of counsel), for appellant.

Goldberg Segalla LLP, Buffalo ( Kimberly E. Whistler of counsel), for Respondent.

SCUDDER, P.J., CENTRA and PINE, JJ., concur.

OPINION OF THE COURT

CARNI, J.

This appeal presents the issue, apparently one of first impression in New York, whether an insurer is required to defend or indemnify its insureds for the wrongful death of an insured person, here, plaintiff's decedent. We conclude that the plain language of the policy in question excludes coverage for bodily injury to an insured person when such coverage would enure to the benefit of an insured person. We therefore further...

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