Banks v. Triboro Coach Corp.

Plaintiff Banks brought this negligence action against defendants, who interposed a counterclaim against plaintiff. The latter then served a third-party complaint, with respect to the counterclaim, against the third-party defendant, *834Fireman’s Fund American Insurance Companies (Fireman’s), alleging that he was covered by a liability insurance policy issued by Fireman’s which refuses to defend. Fireman’s, in its answer, admits that it refuses to defend, claiming the policy was canceled prior to the accident, and alleges that the insurance policy contained the following provision:

“ Ño action…