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FACTORY MUT. INS. v. COMFORT

37 A.D.2d 416 (1971)

Factory Mutual Liability Insurance Company of America, Appellant, v. Charles W. Comfort et al., Respondents

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

November 15, 1971.

Attorney(s) appearing for the Case

Brown, Quencer & Commette (Albert S. Commette of counsel), for appellant.

Finkelstein, Mauriello, Kaplan & Levine (Max Levinson of counsel), for respondents.

MUNDER, Acting P. J., GULOTTA, BRENNAN and BENJAMIN, JJ., concur.

SHAPIRO, J.

The issues before us on this appeal are (1) whether the automobile here involved was an "uninsured automobile" within the meaning of the New York automobile accident indemnification endorsement appearing in the liability insurance policy of Robert Comfort (hereinafter called Robert) and (2) whether there are outstanding issues of fact as to whether Robert's son, respondent Charles W. Comfort (hereinafter called Charles), is an "insured" within...

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