ALLSTATE INS. CO. v. FRAZER


14 A.D.2d 882 (1961)

Allstate Insurance Company, Appellant, v. Herman Frazer, Respondent

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

November 6, 1961


It appears that an action to recover the damages sustained in the accident had been instituted against the defendant by the injured party, and that defendant had impleaded plaintiff as a party in that action. In his third-party complaint in that action defendant alleged: (1) that plaintiff had refused to defend the action brought against him (defendant); and (2) that defendant sought indemnification from plaintiff for any damages he (defendant) might sustain. In its answer...

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