Goss v. Ætna Casualty & Surety Co.

Appeal is taken from an order of the Supreme Court at Special Term which denied defendant’s motion to dismiss the complaint in an action to recover under an insurance policy on account of the death of plaintiff’s wife, the motion being made on the grounds (1) that there is a defense to the action founded upon documentary evidence and (2) that the complaint fails to state a cause of action. (CPLR 3211, subd. [a], pars. 1, 7.)

The basic policy is an automobile liability policy, issued to plaintiff, whereby defendant agrees with the “ Insured ” to pay all sums which the insured shall become…