Litman v. Garfinkle

Defendant, sued under a theory of liability that her failure as landlord to supply adequate heating caused the infant plaintiff, child of a tenant, to contract broncho-pneumonia and permanent physical impairment, has impleaded her insurance carrier as a third party defendant. The latter moves to dismiss such cross complaint.

Coverage under the policy, as asserted in the complaint of the third party plaintiff, is not denied. The company has chosen not to defend defendant in the main action. Its bases for avoiding the attempted impleader are twofold: “ That the express terms of the contract of…