Mireider v. New Hampshire Fire Insurance

In this action, brought pursuant to section 167 (subd. 1, par. [b]) of the Insurance Law, defendant moves to dismiss plaintiff’s complaint, asserting that no statutory authority exists for the maintenance of the action. Failing to obtain relief on that premise it seeks, in the alternative, summary judgment dismissing plaintiff’s complaint.

On January 30, 1958 defendant issued to William Ziel its policy of automobile insurance. By its terms the defendant undertook to pay on behalf of the insured all sums which the insured should become legally obligated to pay as damages because of bodily…