HALALI v. EVANSTON INS. CO.


245 A.D.2d 422 (1997)

666 N.Y.S.2d 676

Aliza Halali et al., Appellants, v. Evanston Insurance Company, Respondent

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

December 15, 1997


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

We disagree with the defendant's contention that the plaintiffs lack standing to maintain this action. "A party who is not privy to an insurance contract but would nevertheless benefit from the insurance policy may bring a declaratory judgment action to determine whether the insurer owes a defense and/or coverage under the policy" (Tepedino v Zurich-American...

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