Legal Opinion

McAleenan v. Massachusetts Bonding & Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1916PublishedCited by 15 opinions

Appeal by the defendant, Massachusetts Bonding and Insurance Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of February, 1916, overruling the defendant’s demurrer to the complaint and granting plaintiff’s motion for judgment on the pleadings and denying defendant’s motion for judgment thereon.

1Opinion of the Court

McLaughlin, J. :

The complaint contains two causes of action. In the first it is alleged that the defendant issued to the plaintiff a policy of automobile insurance indemnifying him to the extent of $5,000 against loss by reason of an accident resulting in injuries or death to any one person. The policy provided, among other things, that if an accident occurred, and action was brought against the assured to enforce a claim on account thereof, he would forward to the defendant the summons or other process served, and it would at its own cost and expense, and subject to the limitations contained…

2Cases cited2 opinions

  1. Brassil v. . Maryland Casualty Co.New York Court of Appeals · 1914
  2. Rosenbloom v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1912

3Cited by15 opinions

  1. Auerbach v. . Maryland Casualty Co.New York Court of Appeals · 1923
  2. Marion J. Brown and Allen Brown v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Second Circuit · 1963
  3. Cornwell v. Safeco Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1973
  4. General Accident, Fire & Life Assurance Corp. v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1917
  5. New York Consolidated Railroad v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1920

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