AMERICAN MUT. LIAB. INS. CO. v. MacFARLANE FIRE PREV. CORP.

Civ. A. No. 15532.

162 F.Supp. 915 (1958)

AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Plaintiff, v. MacFARLANE FIRE PREVENTION CORPORATION, Defendant.

United States District Court E. D. New York.

June 24, 1958.


Attorney(s) appearing for the Case

Alexander, Ash & Schwartz, New York City, for plaintiff, by Sidney A. Schwartz, New York City, of counsel.

Strauss & Ferdinand, New York City, for defendant, by David A. Ferdinand, New York City, of counsel.


BYERS, Chief Judge.

This case, in which a declaratory judgment is sought, involves the single question of whether the defendant has forfeited its right to call upon the plaintiff, its insurer, to defend certain civil actions in which it is a co-defendant. They are based on circumstances about to be related.

The facts are not in dispute, which dispenses with the necessity for findings.

The defendant's business is to render services to owners and occupants...

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