Cohen v. East Coast Insurance

In this action, brought by an injured party, for a judgment declaring the rights of the parties arising out of a disclaimer, the principal issue is whether the insurer has established that it exercised diligence and good faith in attempting to locate the assured and obtain her co-operation.

*814Plaintiff was injured, allegedly because of the assured’s negligence, on June 1, 1965. The insurer received notice, from the assured, on June 14, 1965, and set up a file. Insurer’s counsel testified, rather vaguely, that the matter ‘ ‘ was assigned ’ ’, and that1 ‘ The next thing that happened here was on…