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MORTILLARO v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY

285 A.D.2d 586 (2001)

728 N.Y.S.2d 185

JOHN MORTILLARO et al., Appellants, v. PUBLIC SERVICE MUTUAL INSURANCE COMPANY et al., Defendants, and AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY, Respondent. (And Another Action.)

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

Decided July 23, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the respondent.

A plaintiff need not be privy to an insurance contract to commence a declaratory judgment action to determine the rights and obligations of the respective parties, so long as the plaintiff stands to benefit from the policy (see, Watson v...

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