United Services Automobile Ass'n v. Graham

Order, entered on December 5, 1963, unanimously reversed, on the law and the facts, and in the exercise of discretion, with $20 costs and disbursements to appellant, and motion by appellant for leave to intervene in this action granted, with $10 costs. The pending action was brought by the respondent insurance company to declare the validity of its disclaimer as the insurer of a certain vehicle alleged to have been involved in a collision with another automobile, resulting in damage and injury to an occupant thereof. The declaratory judgment action is brought against the plaintiff’s insured…