Dransfield v. Citizens Casualty Co. of NY

The opinion of the court was delivered by

Hehek, J.

The question under consideration here is whether one injured through the negligent operation of an automobile may recover from an insurer who holds a decree in equity voiding for fraud a policy of indemnity insurance covering the vehicle, entered in a proceeding against the named insured alone begun after the injuries were sustained.

The policy was issued May 19, 1945, to Zambrano Trucking Company for a term of one year. The indemnity covered the named insured and any person while using the automobile with the permission of the named insured.…