GUTNICK v. LONG IS. INS. CO.


54 Misc.2d 963 (1967)

Murray Gutnick, Plaintiff, v. Long Island Insurance Company, et al., Defendants.

Supreme Court, Special Term, Kings County.

October 16, 1967


Attorney(s) appearing for the Case

Louis Hoffman and Sam Spevack for plaintiff. Hogan & Kelleher (Robert D. Brophy of counsel), for MVAIC, defendant. Bernard Helfenstein and Barnet S. Blume for Long Island Insurance Company and another, defendants.


PHILIP M. KLEINFELD, J.

In this action for a declaratory judgment, arising out of an insurer's disclaimer, the principal issue is whether the disclaimer was justified by reason of the assured's failure to co-operate.

The subject accident occurred on December 6, 1964. After receipt of a communication from the attorney for the plaintiff, the injured party, the insurer sent an investigator to the assured...

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