Messina v. Atlantic Mutual Insurance

Plaintiff recovered a judgment by default against one Robert Morton for injuries sustained as a result of an automobile accident. That judgment together with interest thereon from the date of entry, June 9,1959, amounting to $6,693.25, remains unpaid. An action is now brought pursuant to section 167 of the Insurance Law against Morton’s insurer, the defendant herein, and based on that action plaintiff moves for summary judgment pursuant to rule 113 of the Rules of Civil Practice. In opposition to this motion defendant contends that policies written pursuant to article VII of the Insurance Law…