Apfel v. London Guarantee & Accident Co.

Appellate Division of the Supreme Court of New York

Apfel v. London Guarantee & Accident Co.

248 A.D. 895, 291 N.Y.S. 408, 1936 N.Y. App. Div. LEXIS 7989

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1936·Published

Opinion

Action under section 109 of the Insurance Law to enforce payment of a judgment in a personal injury action. Judgment for plaintiff unanimously affirmed, with costs. Under the circumstances disclosed by this record we believe the contention that the insured failed to co-operate with the defendant was not [896]*896sustained, and we also believe that defendant, by its conduct, waived its right to disclaim liability. Present — Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Action under section 109 of the Insurance Law to enforce payment of a judgment in a personal injury action. Judgment for plaintiff unanimously affirmed, with costs. Under the circumstances disclosed by this record we believe the contention that the insured failed to co-operate with the defendant was not [896]*896sustained, and we also believe that defendant, by its conduct, waived its right to disclaim liability. Present — Lazansky, P. J., Carswell, Davis, Johnston and Adel, JJ.

Apfel v. London Guarantee & Accident Co., 248 A.D. 895, 291 N.Y.S. 408, 1936 N.Y. App. Div. LEXIS 7989 (N.Y. Ct. App. 1936).

Pincite

248 A.D. 895 (Apfel v. London Guarantee & Accident Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.