Lombardi v. Merchants Mutual Insurance

OPINION

WEISBERGER, Justice.

This case comes before us on appeal from a judgment of the Superior Court pursuant to a complaint brought by the plaintiffs seeking a declaratory judgment on the basis of an agreed statement of facts. The subject of the complaint was a dispute over entitlement to the proceeds of a bond filed by the defendant Stuyvesant Insurance Company of New York (Stuyvesant). A condensation of the agreed statement of facts will point up the issues in controversy.

The plaintiffs’ decedent, Michael Lombardi (Michael) died as the result of an automobile accident that occurred on…