ALLSTATE INS. CO. v. COE


36 Misc.2d 323 (1962)

Allstate Insurance Company, Plaintiff, v. Robert C. Coe et al., Defendants.

Supreme Court, Trial and Special Term, Delaware County.

October 5, 1962


Attorney(s) appearing for the Case

Latham & Mogavero for Daisy M. Eckert and another, defendants. Night, Keller & Birch for plaintiff.


DANIEL J. McAVOY, J.

The defendants Eckert have moved to dismiss plaintiff's action for a declaratory judgment. Prior to the commencement of such action they had secured judgments against plaintiff Allstate's insured, the defendant Robert C. Coe, arising out of his alleged negligence in the operation of a motor vehicle.

Upon the trial of the negligence cases the insurance company's attorney attempted to reserve its rights to disclaim liability...

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