General Accident Fire & Life Assurance Corp. v. Becker

Appellate Division of the Supreme Court of New York

General Accident Fire & Life Assurance Corp. v. Becker

252 A.D. 556, 300 N.Y.S. 638, 1937 N.Y. App. Div. LEXIS 5725

Appellate Division of the Supreme Court of the State of New York·Decided December 3, 1937·Published·Cited by 2 cases

Opinion

Per Ctjriam.

We are of the opinion that upon the facts pleaded the case is not a proper one for declaratory judgment. In the action heretofore instituted by Rosalind Schlossberg against the insurance company, the latter may set up its defenses as it has outlined them in this complaint for declaratory judgment. (Coleman v. New Amsterdam Casualty Co., 247 N. Y. 271; Insurance Law, § 109.) Becker, the policyholder, should be made a party to that action so that he may be bound by the adjudication. All issues between the insurance company and its policyholder and between the insurance company and the policyholder’s judgment creditor may thus be determined in the one suit.

The order should accordingly be reversed, with twenty dollars costs and disbursements, and the motion granted.

Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

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Per Ctjriam.

We are of the opinion that upon the facts pleaded the case is not a proper one for declaratory judgment. In the action heretofore instituted by Rosalind Schlossberg against the insurance company, the latter may set up its defenses as it has outlined them in this complaint for declaratory judgment. (Coleman v. New Amsterdam Casualty Co., 247 N. Y. 271; Insurance Law, § 109.) Becker, the policyholder, should be made a party to that action so that he may be bound by the adjudication. All issues between the insurance company and its policyholder and between the insurance company and the policyholder’s judgment creditor may thus be determined in the one suit.

The order should accordingly be reversed, with twenty dollars costs and disbursements, and the motion granted.

Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

General Accident Fire & Life Assurance Corp. v. Becker, 252 A.D. 556, 300 N.Y.S. 638, 1937 N.Y. App. Div. LEXIS 5725 (N.Y. Ct. App. 1937).

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Opinion

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