Theodore v. Hartford Accident & Indemnity Co.

This is a motion for summary-judgment in lieu of complaint (CPLR 3213). The action is based oh a judgment in the sum of $32,985 obtained after inquest, the defendant having defaulted. The moving papers and those submitted in opposition raise an interesting question, the resolution of which requires a recitation of factual background.

Hartford Accident and Indemnity Company (hereinafter called Hartford) issued to John E. Martin (hereinafter called insured) an automobile insurance policy on a 1955 Cadillac automobile covering the period from April 28, 1967 to April 28, 1968. On May 31, 1967 the…