LUMBERMENS v. NORTH RIV INS


110 Misc.2d 1014 (1980)

Lumbermens Mutual Casualty Company, Plaintiff, v. North River Insurance Company et al., Defendants.

Supreme Court, Oneida County.

December 12, 1980


Attorney(s) appearing for the Case

Kernan & Kernan, P. C., for plaintiff. Costello, Cooney & Fearon for North River Insurance Company, defendant.


LEO F. HAYES, J.

The defendant at one time issued an automobile liability policy of insurance to one Arnold Smith, but later sought to cancel such coverage due to nonpayment of premiums. Several months later Arnold Smith ran into the auto of plaintiff's assured, Barbara Swan. According to the complaint, Smith was intoxicated and solely responsible for the accident.

When informed of the accident, agents of the defendant refused to defend or to...

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