MERCHS. MUT. INS. CO. v. VALILIS


11 A.D.2d 324 (1960)

Merchants Mutual Insurance Co., Plaintiff, v. John Valilis, Defendant and Third-Party Plaintiff-Respondent. Richard T. Coffin, Third-Party Defendant-Appellant

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

September 27, 1960.


Attorney(s) appearing for the Case

Leonard Grau of counsel (Morton M. Berger, attorney), for third-party defendant-appellant.

Gilbert Siegal of counsel (Luttinger & Passannante, attorneys), for third-party plaintiff-respondent.

BOTEIN, P. J., VALENTE, McNALLY, STEVENS and EAGER, JJ., concur.


Per Curiam.

Plaintiff insurance company has brought an action for a declaratory judgment seeking an adjudication that a policy of automobile liability insurance which it issued to defendant was effectively cancelled for nonpayment of premium prior to the occurrence of an accident in which defendant's automobile was involved; and that therefore plaintiff is not obliged to respond in damages nor to assume the defense...

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