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ÆTNA CAS. & SUR. CO. v. GEN. CAS. CO.

285 A.D. 767 (1955)

Ætna Casualty and Surety Company, Plaintiff, v. General Casualty Company of America, Defendant

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

May 10, 1955.

Attorney(s) appearing for the Case

Olin S. Nye of counsel (William S. O'Connor, attorney), for plaintiff.

John G. Reilly of counsel (Harold V. McCoy with him on the brief; Reilly & Reilly, attorneys), for defendant.

James B. Donovan of counsel (Edward V. Gross with him on the brief; Watters & Donovan, attorneys, for National Bureau of Casualty Underwriters; William A. Jordan, attorney, for Mutual Insurance Rating Bureau), amici curiæ.

PECK, P. J., BREITEL, BASTOW and RABIN, JJ., concur.

COHN, J.

This is a submission of a controversy in which the following facts have been stipulated:

Defendant issued an automobile liability policy of insurance on an automobile owned by one Paul Goldberg. A similar policy was issued by plaintiff on an automobile owned by one Harold Winderbaum. Both policies were in force on February 4, 1951, when, in South Carolina...

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