Jones v. Ætna Insurance
New York Supreme Court
1Opinion of the CourtWalter R. Hart, J.
In this action brought pursuant to section 167 of the Insurance Law, plaintiff, a pedestrian in whose favor there is an unsatisfied judgment obtained against the owner of a motor vehicle which struck and injured him, seeks to recover a judgment, to the extent of coverage from the carrier which had prior to the occurrence Insured the tort-feasor.
The facts adduced at the trial are not disputed. On May 30, 1961 plaintiff was injured when he was struck by a car owned and operated by one Clifton Weathesgy.
The defense to the present action is predicated on the circumstance that on March 29, 1961…
2Cases cited3 opinions
- Claim of Otterbein v. Babor & Comeau Co.New York Court of Appeals · 1936
- Cannon v. Merchants Mutual InsuranceNew York Supreme Court · 1962
- Rotsettis v. Nationwide Mutual InsuranceNew York Supreme Court · 1967
3Cited by2 opinions
- Jones v. Aetna InsuranceAppellate Division of the Supreme Court of the State of New York · 1970
- Fiedelman v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1982