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COHEN v. EAST COAST INS. CO.

54 Misc.2d 813 (1967)

Nathan Cohen, Plaintiff, v. East Coast Insurance Company et al., Defendants.

Supreme Court, Special Term, Kings County.

September 20, 1967

Attorney(s) appearing for the Case

Melvin N. Weissler for plaintiff. A. Albert Minton and Lawrence Eichner for East Coast Insurance Company, defendant. Hogan & Kelleher (Joel Kelleher of counsel), for Motor Vehicle Accident Indemnification Corporation, defendant.

PHILIP M. KLEINFELD, J.

In this action, brought by an injured party, for a judgment declaring the rights of the parties arising out of a disclaimer, the principal issue is whether the insurer has established that it exercised diligence and good faith in attempting to locate the assured and obtain her co-operation.

Plaintiff was injured, allegedly because of the assured's negligence, on June 1, 1965....

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