Physicians' Reciprocal Insurers v. Keller
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a judgment declaring that the plaintiff is relieved from its obligations to defend and indemnify its insured, the defendant Werner Keller, in an underlying action, pursuant to the terms of a policy of insurance, the plaintiff appeals from (1) a decision of the Supreme Court, Kings County (Clemente, J.), dated October 23, 1996, and (2) an order and judgment (one paper) of the same court, dated February 6, 1997, which denied its motion to declare that the defendant Werner Keller materially breached the terms of the policy of insurance.
Ordered that the appeal from the decision…
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