Country-Wide Insurance v. Rodriguez

Silverman, J. (dissenting).

This is an action for a declaratory judgment by plaintiff, the liability insurer, to declare the limits of liability of the policy. Special Term has declared as to the claim here involved that plaintiff insurer afforded liability coverage in the sum of $15,000 (103 Misc 2d 906). Plaintiff appeals.

Defendant infant and her mother were passengers in a car insured by plaintiff that was involved in an accident in North Carolina in which the infant defendant was injured. Another car owned by a North Carolina resident was also involved in the accident. The infant defendant…