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MORGAN FUEL & HEATING CO., INC. v. LEXINGTON INS. CO.

2012-01347.

106 A.D.3d 706 (2013)

964 N.Y.S.2d 574

2013 NY Slip Op 3070

MORGAN FUEL & HEATING CO., INC., Appellant, v. LEXINGTON INSURANCE COMPANY et al., Respondents, et al., Defendant.

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

Decided May 1, 2013.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for the entry of a judgment, inter alia, declaring that the defendants Lexington Insurance Company and New Hampshire Insurance Company are not obligated to provide coverage to, defend, or indemnify the plaintiff for claims made by the State of New York Workers' Compensation Board arising out of the plaintiff's former membership in the Transportation Industry Workers...

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