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WARD v. ACCORDINO

93 Misc.2d 746 (1978)

Daniel W. Ward et al., Plaintiffs, v. Phillip Accordino, Defendant and Third-Party Plaintiff. Travelers Indemnity Co., Third-Party Defendant.

Supreme Court, Niagara County.

March 20, 1978

Attorney(s) appearing for the Case

Tenney, Smith & Scott (Terry D. Smith of counsel), for defendant and third-party plaintiff. Murphy & Vitch (Robert Viola of counsel), for plaintiffs.

FRANK R. BAYGER, J.

The primary issue presented by these actions concerns an insurer's obligation to defend and indemnify an insured driver against a joint tort-feasor's claim for an apportionment of damages and contribution with respect to injuries sustained by the insured's spouse. Both actions relate to a December 8, 1973 automobile accident at the Town of Royalton, New York, involving vehicles owned by...

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