American Home Assurance Co., Respondent,
v.
Employers Mutual of Wausau, Appellant, and Santiago Suarez et al., Respondents, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
December 9, 1980
December 9, 1980
Attorney(s) appearing for the Case
Anthony J. McNulty of counsel (William F. McNulty with him on the brief; Hendler & Murray, attorneys), for appellant.
Stanley Wilkins of counsel (Smith, Mazure & Wilkins, P. C., attorneys), for respondent.
Ira Bartfield of counsel (Fuchsberg & Fuchsberg and Irving Brand, attorneys), for respondents.
MURPHY, P. J., LUPIANO, SILVERMAN and YESAWICH, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
SULLIVAN, J.
At issue are the validity and enforceability of a provision in a Connecticut-issued automobile liability insurance policy excluding coverage for bodily injury arising out of the insured's ownership "of any automobile while rented to others." After tender of the issue in an agreed statement of facts, Trial Term found that the substantive law of New York, where the accident occurred applied, and that...
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