MATTER OF WAUSAU INSURANCE COMPANY v. OGOCHUKWU


295 A.D.2d 280 (2002)

744 N.Y.S.2d 175

In the Matter of WAUSAU INSURANCE COMPANY, Appellant, v. THADDEUS OGOCHUKWU, Respondent, and U-HAUL CO. OF EAST BAY, Proposed Respondent, et al., Proposed Respondents.

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

Decided June 27, 2002.


No issues of fact exist as to whether the offending vehicle, a U-Haul truck, was insured at the time of the accident. The only evidence tending to show the existence of insurance is the police accident report, which indicates that the U-Haul was owned by proposed additional respondent U-Haul Co. of East Bay and insured by proposed additional respondent Empire Fire & Marine Insurance Co. Empire, appearing in opposition to so much of the application as sought to join it...

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