Gewirtz v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT

Allan L. Winick, J.

Plaintiff Evan Gewirtz moves to strike the first, second and third affirmative defenses of defendant’s answer. Defendant cross-moves to dismiss plaintiff’s complaint.

*601This action was commenced, to recover the proceeds of an insurance policy allegedly covering defendant James Costello as an additional insured under a motor vehicle liability insurance policy issued by defendant to "resident relatives” of Costello. Insurance Law § 3420 (a) (2) provides: "A provision that in case judgment against the insured or his personal representative in an action brought…