AMATUCCI v. MARYLAND CAS. CO.


25 A.D.2d 583 (1966)

Daniel J. Amatucci et al., Respondents, v. Maryland Casualty Company, Appellant

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

February 14, 1966


AULISI, J.

As a result of an automobile accident each of the plaintiffs recovered a judgment against Michael A. Salvati. He had disappeared prior to the trial and his insurer, the defendant Maryland Casualty Company, refused to pay the judgments on the ground that Salvati had breached the co-operation clause of his insurance contract. The issue before us is whether or not Salvati's disappearance affords appellant the defense of breach of the co-operation...

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