Ackler v. Nationwide Mutual Insurance

Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered June 11, 1981 in Otsego County, upon a decision of the court at Trial Term (Harmlem, J.), without a jury. Defendant issued an automobile liability policy to Edward Baron on March 30,1978. On September 22, 1979, one James L. Dowsey, while driving Baron’s automobile, collided with and damaged a barn owned by plaintiffs, James and Helen Ackler. The Ackler’s claim for damages was denied by defendant upon the ground that the policy covering Baron’s automobile had been canceled prior to the accident. A default judgment was…