WAGMAN v. AM. FID. & CAS. CO.


304 N.Y. 490 (1952)

Herman Wagman, Respondent, v. American Fidelity & Casualty Co., Inc., et al., Appellants, and Bond Stores, Incorporated, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 4, 1952


Attorney(s) appearing for the Case

David Tepp for appellants.

Harold M. Harkavy and Frederick M. Garfield for Herman Wagman, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ., concur with FULD, J.; FROESSEL, J., dissents in opinion.


FULD, J.

The issue here presented is whether a policy of automobile liability insurance issued by defendant-appellant American Fidelity & Casualty Co., Inc., to defendant-appellant Gilbert Carrier Corp., a motor carrier, affords coverage to plaintiff Wagman, an employee of one of Gilbert's customers, in connection with an accident which purportedly occurred during the loading of Gilbert's truck.

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