National Grange Mutual Insurance v. Malone

In an action for a declaratory judgment to determine whether, under an automobile liability insurance policy issued to defendant Pearly Malone by the plaintiff insurer, it properly disclaimed liability with respect to a collision involving said insured and her codefendant Miles, the plaintiff insurer appeals from two orders of the Supreme Court, Kings County, dated April 3, 1962. One order denied its motion: (a) to strike out as patently insufficient the insured’s counterclaim to declare plaintiff obligated to defend a negligence action instituted against her by the said Miles (Rules Civ.…