1. Home
  2. Browse Decisions
  3. N.Y.2d
  4. 19 N.Y.2d
  5. 19 N.Y.2d 159 (1967)
 

THRASHER v. U. S. LIAB. INS. CO.

19 N.Y.2d 159 (1967)

Julius Thrasher, Appellant, v. United States Liability Insurance Company, Respondent. Duaine Morgan, as Administratrix of The Estate of James Morgan, Deceased, Appellant, v. United States Liability Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided February 23, 1967.

Attorney(s) appearing for the Case

Sheridan Albert for Duaine Morgan, appellant.

Oliver Sutton for Julius Thrasher, appellant.

William Glatzer and Mendel White for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL concur with Judge SCILEPPI; Judge VAN VOORHIS dissents and votes to affirm upon the ground that the evidence establishes as a matter of law that the insured violated the conditions of the policy by refusing to co-operate and that, under the circumstances of this case, the insurer did not waive the right to disclaim by defending the action in the absence of the insured.

SCILEPPI, J.

Defendant, United States Liability Insurance Company, insured one Henry Kelley under a New York standard, minimum liability, automobile policy. Kelley loaned his automobile to plaintiff Morgan's intestate, James Morgan, who, in turn, invited plaintiff Thrasher for a ride during which Kelley was not present. During the course of this ride, the car crashed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases