Hackett v. Utica Mutual Insurance

Doerfer, J. concurring:

I concur in the opinion of Judge Foster. In paragraph 9 of the Agreed Statement of Facts it is expressly stated "The policy of insurance by and between the parties involved provided . . . the named insured is the sole owner of the insured motor vehicle unless otherwise stated therein.” (emphasis supplied). From this fact I have no difficulty in inferring that the plaintiff did represent in the policy to which she was a party, that she was the sole owner of the insured motor vehicle.

Furthermore, the only fact in the case of New Amsterdam Casualty Co. v. Karl Goldstein,…