ALLSTATE INS. CO. v. GROSS


27 N.Y.2d 263 (1970)

Allstate Insurance Company, Appellant, v. Charles M. Gross et al., Respondents.

Court of Appeals of the State of New York.

Decided November 25, 1970.


Attorney(s) appearing for the Case

William L. Shumate for appellant.

Edward Cherney and Sidney Gaines for Motor Vehicle Accident Indemnification Corporation, respondent.

Meyer & Wexler for Charles M. Gross, respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.


BREITEL, J.

An automobile public liability insurer, plaintiff Allstate, contends, in this action for a declaratory judgment, that it is not obliged to decide to disclaim liability or to deny coverage within any particular time, in the absence of prejudice to an insured or injured party. The trial court found in its favor but on appeal the Appellate Division reversed, holding that there had been an unreasonable...

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