National Grange Mutual Insurance v. Malone

In this action to determine the rights of the parties under an automobile liability insurance policy issued by the plaintiff to the defendant Malone, plaintiff moves for multiple relief, i.e., for summary judgment; an order pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings; and for an order striking out the counterclaim of the defendant pursuant to rule 109 (subds. 5, 6) of the Rules of Civil Practice.

It is admitted that the defendant Malone was insured by the plaintiff under an automobile liability insurance policy on September 28, 1961, the day on which the…