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AM. SUR. CO. v. DIAMOND

1 N.Y.2d 594 (1956)

American Surety Company of New York, Respondent, v. Fannie Diamond et al., as Executors of Adolph Diamond, Deceased, et al., Appellants, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Bernard Meyerson for David Diamond, appellant.

Bernard Meyerson and Herman E. Hoberman for Fannie Diamond and another, appellants.

Harold M. Harkavy, Frederick M. Garfield and I. Sidney Worthman for respondent.

CONWAY, Ch. J., DYE and FULD, JJ., concur with DESMOND, J.; FROESSEL, J., votes for reversal and remission in a separate opinion in which VAN VOORHIS and BURKE, JJ., concur.

DESMOND, J.

We must construe and apply this "cooperation clause" found in the automobile liability insurance policy issued by plaintiff to defendant David Diamond (and found in millions of other policies issued throughout the United States by plaintiff and other insurance companies): "Assistance and Cooperation of the Insured. The insured shall cooperate with the company and, upon the company's request, shall...

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