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HILL v. JOHNSON

35 A.D.2d 407 (1970)

Margie Hill et al., Respondents, v. Rudolph V. Johnson et al., Defendants Hartford Accident and Indemnity Co., Respondent; and William Quick et al., Appellants Freda Morrow, Respondent, v. Rudolph V. Johnson et al., Defendants; Hartford Accident and Indemnity Co., Respondent; and William Quick et al., Appellants

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

December 21, 1970.

Attorney(s) appearing for the Case

Raymond J. MacDonnell (Philip Hoffer, Rose L. Hoffer and Peter T. Affatato of counsel), for appellants.

Schaffner & Schilling (Joseph L. Schilling of counsel), for Hartford Accident and Indemnity Company, respondent.

CHRIST, P. J., and MARTUSCELLO, J., concur with MUNDER, J.; HOPKINS, J., concurs in result, in an opinion, in which RABIN, J., concurs.

MUNDER, J.

In these consolidated actions the appeal is from a judgment which declared that (1) on September 2, 1967 there was no automobile liability insurance policy in effect issued to the defendant Johnson by the defendant Hartford Accident and Indemnity Co. ("Hartford") and thus no obligation on the latter to defend or pay in certain other actions by the plaintiffs arising out of an automobile accident involving...

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