ALLSTATE INS. CO. v. MATTHEWS


40 Misc.2d 409 (1963)

Allstate Insurance Company, Plaintiff, v. Daniel Matthews [sic] et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

June 20, 1963


Attorney(s) appearing for the Case

Dunn & O'Leary (Arthur J. O'Leary of counsel), for plaintiff. Norman J. Landau for George Koslab, defendant.


EMILIO NUNEZ, J.

Plaintiff issued its automobile liability policy under the New York Automobile Assigned Risk Plan on January 29, 1958 to one Daniel Matthows as owner of a 1950 Roadmaster Buick automobile. On April 21, 1958 George Koslab, an eight-year-old boy, was seriously injured when struck by the insured automobile. Plaintiff initiated an investigation of that accident and discovered that its policy had been procured by the assured by fraud. In this...

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