ROYAL IND. CO. v. AM. CAS. CO.


5 Misc.2d 533 (1956)

Royal Indemnity Company, Respondent, v. American Casualty Company of Reading, Pennsylvania, Appellant.

Supreme Court, Appellate Term, First Department.

October 25, 1956.


Attorney(s) appearing for the Case

Robert E. Curran and William A. Ahmuty, Jr., for appellant.

John H. Michels for respondent.

EDER, HECHT and TILZER, JJ., concur.


Per Curiam.

In this action for contribution under a coinsurance clause prompt notice of the accident to defendant insurance company was of vital importance to it, since its liability could arise only if the truck was being operated with the permission of its insured, and prompt investigation of that phase was essential for its protection in view of the borderline situation here claimed of implied permission arising...

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