Butterweich v. Goodman & Garson, Inc.

The aim of this third-party action instituted by the insured against the insurer pursuant to section 193-a of the Civil Practice Act, is to retrieve the expenditures incurred in defense of plaintiff’s negligence action, and also, the share contributed to the settlement thereof made with the plaintiff by the insured and the codefendants therein.

These monetary obligations became the burden of the insured firm of Wittlin & Brenner, the third-party plaintiff, when the Commercial Insurance Company of Newark, the insurer and third-party defendant, renounced during the term of its liability policy,…