FIDELITY & CASUALTY CO. v. DARROW


161 Conn. 169 (1971)

FIDELITY AND CASUALTY COMPANY OF NEW YORK v. ROSE L. DARROW, ADMINISTRATRIX (ESTATE OF JAMES J. DARROW)

Supreme Court of Connecticut.

Decided May 5, 1971.


Attorney(s) appearing for the Case

Joseph F. Skelley, Jr., with whom, on the brief, were Richard A. Walsh and William M. Shaughnessy, for the plaintiff.

Bernard D. Gaffney, with whom, on the brief, was D. Stephen Gaffney, for the defendant.

HOUSE, THIM, RYAN, SHAPIRO and LOISELLE, JS.


RYAN, J.

This action seeking a declaratory judgment was reserved for the advice of this court on a stipulation of facts. The basic question to be determined is whether the "other insurance" clause of an insured's own uninsured motorist protection provision of the policy barred his recovery thereunder because the administratrix of the insured, killed while a passenger in an automobile not owned by him through the negligence of an uninsured motorist, has received a...

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