COLLINS v. JAMESTOWN MUT. INS. CO.


32 A.D.2d 725 (1969)

Leon Collins, an Infant, by William F. Collins, His Guardian ad Litem, et al., Respondents, v. Jamestown Mutual Insurance Company, Appellant

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

May 27, 1969


HERLIHY, J.

On July 28, 1966 Gerald T. Vaccaro, appellant's insured, was operating an automobile which caused injuries to the infant respondent, a passenger therein. The respondents commenced an action against Vaccaro for personal injuries; the appellant disclaimed coverage and refused to defend; a default judgment was granted to the infant and his father. Vaccaro assigned any rights to a claim he might have against appellant for bad faith or breach of...

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