Legal Opinion

Aetna Insurance v. Millard

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

Decided May 6, 1966PublishedCited by 15 opinions

1Opinion of the CourtHerlihy, J.

The appellant instituted this proceeding seeking a declaratory judgment that it was not obligated to provide Coverage for its insured on the ground that it was not given timely notice of the accident or of subsequent legal proceedings.

The court found the testimony of Miss Combs, an insurance broker, credible. The general rule is that the credibility of witnesses is for the trier of the facts and there appears to be nothing in the record which would mandate an exception in this case. The appellant claims here that her testimony is not credible because of confusion and/or contradiction in…

2Cases cited2 opinions

  1. William Gardam & Son v. BattersonNew York Court of Appeals · 1910
  2. Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936

3Cited by15 opinions

  1. In Re FigueroaUnited States Bankruptcy Court, S.D. New York · 1983
  2. Engel v. LichtermanAppellate Division of the Supreme Court of the State of New York · 1983
  3. A. & B. Service Station, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1975
  4. Axa Marine And Aviation Insurance (Uk) Limited v. Seajet Industries Inc.Court of Appeals for the Second Circuit · 1996
  5. In Re Adler, Coleman Clearing Corp.United States Bankruptcy Court, S.D. New York · 1997

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