Huertas v. Pino

OPINION OF THE COURT

Alan L. Lebowitz, J.

In this personal injury action defendant Allstate Insurance Company seeks a declaration that it has no duty to defend or *777indemnify its insured, defendant Roche, for an accident which occurred on October 24, 1983 resulting in injuries to the plaintiff. A trial was held before this court without a jury on the framed issue: Whether the car involved in the accident, a 1976 Plymouth, was actually insured under Roche’s policy as of the date of the accident.

Plaintiff testified that on the evening in question, an automobile driven by defendant Harry Pino struck…