De Forte v. Allstate Insurance

Order unanimously reversed, with costs, and motion granted. Memorandum: While driving home from a hardware store, plaintiff, Florence De Forte, was stopped as a result of radar detection. When she opened her car door to get out, her dog jumped out and bit the arresting police officer. The officer sued Mrs. De Forte in March, 1973. The papers were forwarded to respondent, Allstate Insurance Company, her homeowner’s liability insurance carrier whose policy included coverage of Mrs. De Forte’s automobile. Following its disclaimer, plaintiff commenced a declaratory judgment action against…