Legal Opinion
Nationwide Mutual Insurance v. Dennis
Appellate Division of the Supreme Court of the State of New York
Decided August 1, 1961PublishedCited by 18 opinions
1Opinion of the CourtReynolds, J.
A pedestrian was killed by an automobile owned by Fontana, appellant’s insured, and driven by one Dennis. A wrongful death action was commenced against both the owner and driver and the carrier appeared on behalf of the owner only. The carrier refused to defend the driver, Dennis, on the ground that he was not driving the automobile with the permission of the insured owner within the terms of coverage of the policy and sought a declaratory judgment absolving it from any obligation to defend the driver. Its duty to defend the insured owner in the wrongful death action would of course remain.…
2Cases cited4 opinions
- Utica Mutual Insurance v. Beers Chevrolet Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Travelers Indemnity Co. v. BurgAppellate Division of the Supreme Court of the State of New York · 1937
- United States Fidelity & Guaranty Co. v. Von BargenAppellate Division of the Supreme Court of the State of New York · 1959
- Merchants Mutual Casualty Co. v. MayfieldNew York Supreme Court · 1958
3Cited by18 opinions
- EMPLOYERS'FIRE INSURANCE COMPANY v. BealsSupreme Court of Rhode Island · 1968
- Hollander v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- CORDIAL GREENS COUNTRY CLUB, INC. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1977
- Morris v. Farmers Insurance ExchangeWyoming Supreme Court · 1989
- Aetna Casualty & Surety Co. v. LauriaAppellate Division of the Supreme Court of the State of New York · 1976
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