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PROGRESSIVE NORTHEASTERN INSURANCE COMPANY v. PENN-STAR INSURANCE COMPANY

6049, 307512/08.

89 A.D.3d 547 (2011)

934 N.Y.S.2d 93

2011 NY Slip Op 8220

PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Respondent, v. PENN-STAR INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided November 15, 2011.

In this action for a declaratory judgment in an insurance coverage dispute, arising from a slip and fall on oil which occurred in the basement boiler room of a residential building one day after the insured's oil delivery truck delivered oil to the building, the motion court correctly found that the general automobile policy issued to the insured by plaintiff does not provide coverage for the underlying personal injury action. Defendant...

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