Empire Mutual Insurance v. Liberty Mutual Insurance

Aron Steuer, J. P.

Defendant has moved for summary judgment and plaintiff cross-moved for the same relief.

Both parties are insurance companies and both issued policies to one Williams covering the same vehicle. Williams made a claim against plaintiff on the policy, which claim .plaintiff paid. Plaintiff then sued defendant for a proportionate share of the payment made. The defense to the suit is that the policy issued by defendant was not in force at the time of the accident. Whether or not it was, is the issue in the case.

Defendant’s policy was issued July 8, 1957 and expired by its terms…