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LM PROPERTY AND CASUALTY COMPANY, INC. v. EVANS

61 A.D.3d 1411 (2009)

877 N.Y.S.2d 566

LM PROPERTY AND CASUALTY COMPANY, INC., as Successor to PRUDENTIAL FINANCIAL, INC., Respondent, v. DOUGLAS L. EVANS, as Administrator of the Estate of ISAAC A. EVANS, Deceased, Appellant, et al., Defendants.

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

Decided April 24, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking a declaration that it is not obligated to defend or indemnify defendant Matthew Graber in an underlying wrongful death action commenced by Douglas L. Evans (defendant), as administrator of decedent's estate. Decedent was killed when his motor vehicle collided with a vehicle that was owned and operated by Graber. At the...

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