Legal Opinion
COMMERCIAL INSURANCE CO. OF NJ v. Papandrea
Supreme Court of Vermont
Decided March 2, 1960No. 1873PublishedCited by 14 opinions
1Opinion of the CourtHolden, J.
The question presented is whether declaratory relief in equity is available to determine an automobile liability insurer’s duty to defend two conflicting actions at law. The problem centers on the identity of the operator of the insured vehicle.
It appears from the complaint that the plaintiff issued its policy to Vincenzo Papandrea to cover his 1950 Chevrolet automobile. During the term of the contract, September 5, 1956, Papandrea and Pietro Sormani were traveling in the insured vehicle when it left the Barre-Plainfield highway. Sormani died and his administratrix instituted an action in…
2Cases cited18 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- St. Louis Dressed Beef & Provision Co. v. Maryland Casualty Co.Supreme Court of the United States · 1906
- Danek v. HommerNew Jersey Superior Court Appellate Division · 1953
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cooperative Fire Ins. Ass'n v. BizonSupreme Court of Vermont · 1997
- City of Burlington v. Hartford Steam Boiler Inspection & InsuranceDistrict Court, D. Vermont · 2002
- American Protection Insurance v. McMahanSupreme Court of Vermont · 1989
- Town of South Burlington v. American Fidelity Co.Supreme Court of Vermont · 1965
- Vermont Gas Systems, Inc. v. United States Fidelity & Guaranty Co.District Court, D. Vermont · 1992
9 more not listed; retrieve them via the Exa API.