ÆTNA CAS. & SUR. CO. v. FIREMAN'S INS. CO.


40 Misc.2d 813 (1963)

Ætna Casualty and Surety Company, Plaintiff, v. Fireman's Fund Insurance Company, Defendant.

Supreme Court, Monroe County.

November 6, 1963


Attorney(s) appearing for the Case

Winchell, Goldwater & Connors (Richard H. Connors of counsel), for plaintiff. Chamberlain, D'Amanda, Bauman, Brundage & Chatman (Arthur V. D. Chamberlain of counsel), for defendant.


JAMES C. O'BRIEN, J.

Plaintiff, hereinafter called "Ætna", issued an automobile liability policy to William Schott, who resided on the north side of Lyell Road, in the Town of Gates, and the same was in full force and effect on December 24, 1958. On that date an automibile accident occurred in which the covered automobile was involved.

The accident was a collision between Schott's automobile, then operated by his daughter, on the part of...

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