M V A I C v. NAT. GRANGE INS.


26 A.D.2d 6 (1966)

Motor Vehicle Accident Indemnification Corporation, Respondent, v. National Grange Mutual Insurance Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 1966.


Attorney(s) appearing for the Case

Benjamin H. Siff of counsel (Bower, O'Connor & Taylor, attorneys), for appellant.

Edgar T. Schleider of counsel (Robert G. Sheller, attorney), for respondent.

BOTEIN, P. J., and STEVENS, J., concur with STEUER, J.; McNALLY, J., dissents in opinion.


STEUER, J.

Defendant-appellant, an insurance company, issued an automobile liability policy to defendant Murray. Murray was involved in an accident with defendant Bermudez and the latter brought suit. Appellant, because of Murray's alleged failure to co-operate on the defense, disclaimed on the policy. It brought an action against Murray, in which it joined Bermudez as a defendant, to declare that it was relieved from further liability on the policy....

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