Utica Mutual Insurance v. Beers Chevrolet Co.

This is an action for a declaratory judgment brought under section 473 of the Civil Practice Act. The appeal is from an order denying a motion, made by appellant, to dismiss the complaint on the ground that it does not state a cause of action, (Rules Civ. Prac. rule 106.)

The complaint alleges that plaintiff issued to defendant Oldham a policy insuring him against liability for damage caused by insured’s “ ownership, maintenance or use ” of a certain Ford automobile. The complaint alleges that the policy contained a provision to the effect that plaintiff should not be bound by any change of…