MATTER OF VANGUARD INS. CO.


18 N.Y.2d 376 (1966)

In the Matter of the Arbitration Between Vanguard Insurance Company, Respondent, and Chester Polchlopek et al., Appellants.

Court of Appeals of the State of New York.

Decided November 22, 1966.


Attorney(s) appearing for the Case

Ferdinand L. Picardi for appellants.

Francis D. Price for respondent.

Judges FULD, VAN VOORHIS and KEATING concur with Judge SCILEPPI; Chief Judge DESMOND dissents and votes to affirm in an opinion in which Judges BURKE and BERGAN concur.


SCILEPPI, J.

Appellants' automobile collided in South Carolina with an automobile driven by one Smith. At the time of the accident, the Smith automobile was insured by the Glens Falls Insurance Company but, 16 months thereafter, Glens Falls disclaimed liability because of Smith's failure to co-operate. Appellants were insured under a policy issued to them in New York by the Vanguard Insurance Company, respondent...

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