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FLORIO v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORP.

No. 459, Docket 31250.

396 F.2d 510 (1968)

Frank FLORIO, Plaintiff-Appellee-Appellant, v. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORP., Ltd., Defendant-Appellant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 21, 1968.

Attorney(s) appearing for the Case

Edward H. Schiff, New York City (Thomas V. Kingham, Harold L. Cowin, New York City, of counsel, Edward H. Schiff, Brooklyn, N. Y., on the brief), for defendant-appellant-appellee.

Stanley P. Danzig, New York City (Dora Aberlin, New York City, of counsel), for plaintiff-appellee-appellant.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

MOORE, Circuit Judge:

Plaintiff brought this diversity action against defendant General Accident Fire & Life Assurance Corp., Ltd. under § 167 of the New York Insurance Law, McKinney's Consol.Laws, c. 281 to recover a judgment of $10,161.87 obtained against the owner of a motor vehicle insured by defendant. Plaintiff was injured on September 14, 1949, in a collision between his truck and a truck driven by Clifford George Allen...

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