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State Courts -
New York - January 10, 2006
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State Ins. Fund v. Utica First Ins. Co., 7544 Index 601539/00,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Overview: Since insurance company's disclaimer provided two separate bases for denying coverage and the insurance company never sought to change its position to rely on ground not set forth in disclaimer, its reliance on employee exclusion was never waived. Insurance company was not required to send separate notice to party that actually sued the insured.
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Tortorella v. A.C. & S., Inc., 7130,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 10, 2006, Decided , January 10, 2006, Entered
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Vail v. KMart Corp., 2001-05997,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 10, 2006, Decided
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Overview: Because a proffered expert's testimony that the manufacturers and sellers had a duty to warn of a garment's flammability characteristics, if admitted, would have been sufficient to raise a triable issue of fact, the trial court erred in precluding the testimony.
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