Standard Accident Insurance v. Roth

The plaintiff seeks a declaratory judgment against the defendants, pursuant to section 473 of the Civil Practice Act, in connection with a policy of automobile insurance which it had issued to defendant, Both, on the ground that it was effectively cancelled for nonpayment of premiums prior to an alleged accident and, that therefore it is not obliged either to respond in damages or to assume the defense of any claims arising out of said accident. The insured defaulted in appearance, but the alleged injured parties maintain that the policy was in full force and effect at the time of the…