Farrell v. Shelby Mutual Insurance

This is an application for an order granting a summary judgment to the defendant dismissing plaintiff’s complaint under rule 113 of the Rules of Civil Practice.

On June 8, 1956, plaintiff suffered personal injuries near Ogdensburg, New York, while in an automobile owned by Thomas Holihan of Lakewood, Ohio. Holihan was insured with the defendant. Under the terms of its policy, it, among other things, agreed to pay any person injured while in the automobile of Holihan all expenses incurred for medical care and treatment up to $500. There is no question of Holihan being covered at the time and…