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AETNA INS. CO. v. MILLARD

25 A.D.2d 341 (1966)

Aetna Insurance Company of Hartford, Connecticut, Appellant, v. Stuart K. Millard et al., Respondents

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

May 6, 1966.

Attorney(s) appearing for the Case

Kramer, Wales & Robinson (Philip J. Kramer of counsel), for appellant.

Hackett, Harbachuk, Thomas & Crawford for Stuart K. Millard, respondent.

Wilsey, Meagher, Hummer, Madigan & Buckley (Jefferson F. Meagher of counsel), for Andrew Malenich and another, respondents.

Coughlin, Dermody, Ingalls & Guy (George G. Coughlin of counsel), for Douglas Geiser and another, respondents.

Matthew J. Vitanza for Douglas Geiser, respondent.

GIBSON, P. J., REYNOLDS, TAYLOR and AULISI, JJ., concur.

HERLIHY, J.

The appellant instituted this proceeding seeking a declaratory judgment that it was not obligated to provide coverage for its insured on the ground that it was not given timely notice of the accident or of subsequent legal proceedings.

The court found the testimony of Miss Combs, an insurance broker, credible. The general rule is that the credibility of witnesses is for the trier of the facts...

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