175 E 74TH CORP v. HARTFORD


51 N.Y.2d 585 (1980)

175 East 74th Corporation, Respondent, v. Hartford Accident & Indemnity Company, Appellant.

Court of Appeals of the State of New York.

Decided December 18, 1980.


Attorney(s) appearing for the Case

Joseph A. Kilbourn and George P. McKeegan for appellant.

Lewis M. Isaacs, Jr., Joseph Mandell and Emanuel Thebner for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

The question on this appeal is whether a fidelity bond is a "contract or policy insuring against liability" within the meaning of subdivision 1 of section 167 of the Insurance Law so as to permit a direct action against the insurer upon the insolvency of the insured. It is held that the bond is not such a policy and, therefore, reversal is in order.

Plaintiff, a co-operative apartment...

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