Employers-Commercial Union Insurance v. Buonomo

DEL VECOHIO,J. P. This appeal

This appealby an insurer presents the question whether the insurer's disclaimer under a beauty shop malpractice, products and premises liability policy, based• on the insured's failure to comply with the condition of the policy requiring co-operation, is valid. The trial court has held that it is not, and jhat the plaintiff insurer is bound to defend the defendant Buonomo, doing business as Fountainbleu Ooiffures, against the claim of defendants Dettenmayer, -arising out of an occurrence at the premises of Buonomo on October 26, 1968.

The Dettenmayers action…