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LONGWORTH v. GREAT AMER. INS.

80 Misc.2d 114 (1974)

Dorothy Longworth, Plaintiff, v. Great American Insurance Company et al., Defendants. (Action No. 1.) Patricia Tannen, as Administratrix of The Estate of John Longworth, Deceased, Plaintiff, v. Great American Insurance Company, Defendant. (Action No. 2.)

Supreme Court, Special Term, Nassau County.

December 18, 1974

Attorney(s) appearing for the Case

Herman, McMahon, George & Herman (William H. George of counsel), for plaintiff in Action No. 1. Bernard P. Levy for plaintiff in Action No. 2. Wynne, Sparacio, Capriano & Trentalange (William Frost of counsel), for defendant.

BERTRAM HARNETT, J.

In 1937 the New York Legislature first permitted husbands and wives to sue each other for injuries caused by the negligence of the other. But, for fear that couples would defraud their insurance companies with sham accidents and injuries, and with half-hearted defenses, the Legislature exempted liability carriers from indemnifying interspousal lawsuits unless they expressly chose to offer...

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