FITZSIMMONS v. UNITED STATES FIRE INS.


16 Misc.2d 972 (1959)

Annise B. Fitzsimmons, Plaintiff, v. United States Fire Insurance Company, Defendant.

Supreme Court, Steuben County.

May 2, 1959.


Attorney(s) appearing for the Case

Edwin J. Carpenter, Jr., for defendant.

William A. Specht for plaintiff.


FREDERIC T. HENRY, J.

This motion involves the question of whether the insurer, under its covenant to defend actions brought against the insured in a comprehensive personal liability policy must defend claims brought for workmen's compensation benefits. The defendant issued to the plaintiff a policy of comprehensive personal liability insurance, the pertinent portions of which are as follows:

The company "agrees with the insured * * * subject...

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