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WALTERS v. GREAT AM. INDEM. CO.

12 N.Y.2d 967 (1963)

Roberta I. Walters et al., as Executors of Theodore C. Walters, Deceased, Respondents-Appellants, v. Great American Indemnity Company, Appellant-Respondent, and Laurence R. Jennings, Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1963.

Attorney(s) appearing for the Case

Carl J. Cochi for appellant-respondent.

James H. Gilroy, Jr., for respondents-appellants.

Robert J. Lutz for respondent.

Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur in a Memorandum; Chief Judge DESMOND and Judge FULD dissent and vote to affirm.

MEMORANDUM.

On the appeal by Great American Indemnity Company, the judgment should be reversed and the complaint dismissed, with costs in all courts. Where the language in an insurance policy is susceptible to more than one meaning, such language should be construed most favorably to the insured (Hoffman v. Ætna Ins. Co., 32 N.Y. 405; Hartol Prods. Corp. v. Prudential...

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