UNDERWRTRS., LLOYD'S, v. RICHARDS FRGT.


12 N.Y.2d 334 (1963)

Underwriters at Lloyd's, London, Appellant, v. Richards Freight Lines, Inc., et al., Defendants, and Jersey Insurance Company of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 28, 1963.


Attorney(s) appearing for the Case

Jacob Nagelberg and Max J. Gwertzman for appellant.

Sidney N. Zipser and Howard E. Levitt for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI concur.


FOSTER, J.

The question presented here is the legal sufficiency of a complaint brought by the appellant insurer, as subrogee of its insured's rights, against the respondent insurer who with knowledge of appellant's rights settled a claim with the appellant's insured but failed to include the name of appellant on the draft upon the settlement. Since the sole question to be determined is whether from all of the...

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