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MATTER OF TRAVELERS HOME & MAR. INS. CO. v. BAROWITZ

Index No. 650092/20. Appeal No. 16113. Case No. 2021-04515.

208 A.D.3d 1074 (2022)

174 N.Y.S.3d 375

2022 NY Slip Op 05131

In the Matter of The Travelers Home and Marine Insurance Company, Sued Herein as Travelers Insurance Company, Appellant, v. Elliot Barowitz, Respondent. Zachary Barowitz, Proposed Additional Respondent.

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

Decided September 6, 2022.

Attorney(s) appearing for the Case

Law Office of Tina Newsome-Lee, New York (Albert J. Galatan of counsel), for appellant.

Greenberg Law, P.C., New York (Joseph P. DePaola of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Gesmer, Shulman, Rodriguez, JJ.

Petitioner insurer issued a Maine automobile liability insurance policy to proposed additional respondent Zachary Barowitz. The policy's declaration page listed Zachary as the named insured, residing at 28 Gilman Street, Portland, Maine. In 2013, Zachary's residence on the policy was changed to 22 Huntress Street, Portland, Maine. Respondent Elliott Barowitz is Zachary's father and was added as a driver to the policy in 2017.

The policy contained an uninsured/underinsured...

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