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BENDER v. PEERLESS INSURANCE COMPANY

36 A.D.3d 1120 (2007)

828 N.Y.S.2d 655

WARRAN W. BENDER et al., Appellants, v. PEERLESS INSURANCE COMPANY et al., Respondents.

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

Decided January 18, 2007.

Lahtinen, J.

Plaintiffs admit spilling a small amount of fuel oil while making a residential delivery in March 2002. Notice of the incident was ostensibly provided to defendants in January 2004, and they disclaimed coverage in April 2004. The owners of the home subsequently commenced a lawsuit alleging that the spill and concomitant damages were much more extensive than acknowledged by plaintiffs. Defendants again denied coverage, prompting

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