Stonborough v. Preferred Accident Ins. Co. of N.Y.
New York Court of Appeals
The appellant is not liable to the respondent on the policy it issued to her husband. (Fuchs v. London & Lancashire Indemnity Go., 171 Mise. 908, 258 App. Div. 603; Materazsi v. Commercial Casualty Ins. Co., 157 Mise. 365; 755 Seventh Ave. Corp. v. Carroll, 266 N. Y. 157; Weatherwax v. Royal Indemnity Co., 250 N. Y. 281; Coster v. Coster, 289 N. Y. 438; Gutta Percha'& R. Mfg.
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The appellant is not liable to the respondent on the policy it issued to her husband. (Fuchs v. London & Lancashire Indemnity Go., 171 Mise. 908, 258 App. Div. 603; Materazsi v. Commercial Casualty Ins. Co., 157 Mise. 365; 755 Seventh Ave. Corp. v. Carroll, 266 N. Y. 157; Weatherwax v. Royal Indemnity Co., 250 N. Y. 281; Coster v. Coster, 289 N. Y. 438; Gutta Percha'& R. Mfg. Co. v. Mayor, 108 N. Y. 276; Hellstern v. Hellstern, 279 N. Y. 327; Matter of Whitney & Kitchen, 146 App. Div. 45; Jennings v. Louchs, 163 Mise. 791; Fox v. Employers’ Liability Assur. Corp., 243 App. Div. 325, 267 N. Y.…
1Per curiam
A motor vehicle liability policy issued by tbe defendant to Thomas Stonborough undertook to pay on bis behalf — “ all sums which tbe insured shall become obligated to pay by reason of tbe liability imposed upon him by law for damages, * ⅞ # sustained by any person or persons, caused by accident and arising out of tbe ownership, maintenance or use of tbe (insured’s) automobile.” On tbe date when tbe plaintiff was injured in tbe automobile covered by that policy she was not married to tbe insured. When later an action was instituted by her against tbe insured, and when judgment in that action…
2Cases cited1 opinion
- Fuchs v. London & Lancashire Indemnity Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1940
3Cited by10 opinions
- O'Dowd v. American Surety Co.New York Court of Appeals · 1957
- Forbes v. BoyntonSupreme Court of New Hampshire · 1973
- M & M Electric, Inc. v. Commercial Union Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1998
- United States Fire Insurance v. CruzNew York Supreme Court · 1962
- Williamson v. Massachusetts Bonding Ins. Co.Connecticut Superior Court · 1954
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