KASTE v. HARTFORD ACC. CO.


5 A.D.2d 203 (1958)

Helen E. Kaste, Appellant, v. Hartford Accident & Indemnity Company, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 18, 1958.


Attorney(s) appearing for the Case

Alfred W. Bressler of counsel (Horace Michelson with him on the brief; Moses & Singer, attorneys), for appellant.

Joseph L. Schilling of counsel (Harold Schaffaer, attorney), for respondent.

RABIN, J. P., VALENTE and STEVENS, JJ., concur with McNALLY, J.; FRANK, J., concurs in result in opinion.


McNALLY, J.

In this action predicated on an express covenant to defend contained in a policy of liability insurance, the question presented on this appeal from an order denying plaintiff-appellant's motion for summary judgment is whether the covenant, under the circumstances of this case, includes the obligation to prosecute an appeal from a judgment adverse to the insured. The liability action was instituted...

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