Miranda v. Aetna Casualty & Surety Co.

In an action inter alia to declare whether appellant validly and timely disclaimed liability under a certain insurance policy, it appeals from a judgment of the Supreme Court, Kings County, dated April 16, 1975, which, after a nonjury trial, declared (1) that the notice of disclaimer was invalid as against the plaintiff and (2) that appellant is obligated to defend and pay any settlement or judgment, within the limits of its policy, as may be obtained by the plaintiff against the insured. Judgment modified, on the law and the facts, by (1) deleting from the first decretal paragraph thereof…