Cary v. Atlantic Mutual Insurance

Judgment and order unanimously reversed on the law and facts and new trial granted, with costs to appellant to abide the event. Memorandum: This is an action on behalf of the estates of injured persons to reform an automobile liability insurance policy and, as reformed, to collect the amount of two judgments against the insured. The accident occurred August "24, 1952. The policy is dated August 26, 1952. It was issued under the Assigned Risk Plan (Insurance Law, § 63) which required that it be issued within two working days after receipt by the carrier of notice of designation. (Rules of New…