Chizik v. Fuchs

The defendant seeks to implead an insurance company which has refused to admit liability under an alleged policy of insurance to defend and pay any damages occasioned by automobile accidents in which defendant’s automobile is involved. This action having been brought against the defendant as a result of such an accident, he has served a cross complaint against the defendant insurance company pursuant to the provisions of section 193-a of the Civil Practice Act.

In the opinion of the court, this section does not contemplate a' suit over against a nondefending insurance company on its…