Legal Opinion
Campbell v. Travelers Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1970PublishedCited by 4 opinions
1Opinion of the CourtHerlihy, P. J.
This is an appeal by the plaintiff from a judgment following a trial without a jury which dismissed the complaint upon the merits.
The plaintiff’s decedent was killed on July 6, 1958 while riding in an automobile owned by Lee S. Parker which was insured by the defendant. In 1959 an action was commenced against Parker, alleging that Parker was the operator of the automobile. The insurer initially undertook to represent Parker, but eventually disclaimed liability and a default judgment was entered against Parker.
This action was commenced pursuant to section 167 (subd. 1, par. [b]) of the…
2Cases cited2 opinions
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
3Cited by4 opinions
- Pawtucket Mutual Insurance v. SolerAppellate Division of the Supreme Court of the State of New York · 1992
- State Farm Fire & Casualty Co. v. ImeriAppellate Division of the Supreme Court of the State of New York · 1992
- Mount Vernon Fire Insurance v. 170 East 106th Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Miranda v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1976