State Farm Mutual Automobile Insurance v. Westlake

In this action for a declaratory judgment, upon an agreed statement of facts, defendant James Westlake appeals from a judgment of the Special Term in Nassau County which declared that the plaintiff insurer is not obligated to defend or indemnify him. under the automobile policy which it issued to him (State Farm Mut. Auto. Ins. Co. v. Westlake, 74 Misc 2d 604).

THE PACTS.

The appellant was insured by the plaintiff under a policy of automobile liability insurance. On February 1, 1971, the appellant’s wife, Wanda Westlake, was injured while a passenger in a car owned and operated by him. Mr. and…