Reliance Insurance Companies v. Daly

Defendant seeks summary judgment dismissing the complaint. The papers establish the following facts. Plaintiff is an insurance carrier. In September, 1967 it received defendant’s application for automobile liability insurance in which the question whether applicant had ‘ ‘ been convicted of a moving traffic violation during the 39 months preceding the month in which the policy is to be effective ’ ’ was answered “ No ”. Defendant had in fact been convicted on September 25, 1964, November 24, 1964, May 25, 1965 and June 18, 1965, of moving violations, but plaintiff’s investigation prior to…