National Grange Mutual Insurance v. Cervantes

Appeal from an order of a Special Term of the Supreme Court, Albany County. A declaratory judgment is sought by plaintiff insurance company against its assured; the driver of the assured’s vehicle; and the plaintiff in a negligence action against the assured and the driver determining that an exclusionary clause in the policy has saved the plaintiff from liability. The court at Special Term has denied plaintiff’s motion for summary judgment. The clause in issue provides there is no liability under the policy while the motor vehicle is used “as a public or livery conveyance ”. The complaint…