Indemnity Insurance Co. v. Murphy

This is a motion by plaintiff for a summary judgment in an action brought by it for a declaratory judgment to determine its rights and obligations under a policy of automobile liability insurance, in the standard form, issued to the defendant Robert Murphy.

The material facts set forth in the moving papers are not in dispute. The defendants were husband and wife. On September 4, 1953, the defendant Mary Murphy, obtained an interlocutory decree of divorce from the insured, Robert Murphy. Thereafter, and on the same day, while operating separate automobiles the insured’s car collided with that…