SCHWAMB v. FIREMAN'S INS. CO. OF NEWARK


41 N.Y.2d 947 (1977)

Kennard Y. Schwamb, Doing Business as Cowhig Pharmacy, Respondent-Appellant, v. Fireman's Insurance Company of Newark, New Jersey, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided March 29, 1977.


Attorney(s) appearing for the Case

Roger M. Dunwell for respondent-appellant.

Robert J. Lackaye and J. George Spitz for appellant-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue is whether appellant insurer is obligated, under the terms of the druggists' liability insurance policy which it issued, to defend the insured druggist in a third-party action brought by one of his customers. No issue is now tendered as to the possible liability of the insurer to pay any judgment which may be recovered against the druggist...

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