AETNA CAS. & SUR. v. ALLSTATE INS. CO.


67 Misc.2d 333 (1970)

Aetna Casualty and Surety Company, Plaintiff, v. Allstate Insurance Company, Defendant.

Supreme Court, Broome County.

October 8, 1970


Attorney(s) appearing for the Case

Kramer, Wales, Robinson & McAvoy (Thomas J. McAvoy of counsel), for defendant. Night, Keller & O'Connor (William E. Night of counsel), for plaintiff.


ROBERT O. BRINK, J.

Defendant has brought this motion for partial summary judgment in an action for declaratory judgment, commenced by the plaintiff, Aetna Casualty and Surety Company, which seeks a declaration of the rights of the parties under insurance policies issued by them to their respective insured.

The facts in this case are uncontroverted. On September 27, 1966, Mrs. Barbara Holland drove an automobile owned by her husband, an insured...

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