Hailston v. New Amsterdam Casualty Co.

Appellate Division of the Supreme Court of New York

Hailston v. New Amsterdam Casualty Co.

243 A.D. 835

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Action under section 109 of the Insurance Law. Insurance company defended upon the ground, first, that the solvency of the insured defendants in the negligence case had not been shown, and second, that there had been a breach of a condition of the policy because the defendants had failed to co-operate in the defense of the negligence action. These questions of fact were decided by the jury. Judgment and order unanimously "affirmed, with costs. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Action under section 109 of the Insurance Law. Insurance company defended upon the ground, first, that the solvency of the insured defendants in the negligence case had not been shown, and second, that there had been a breach of a condition of the policy because the defendants had failed to co-operate in the defense of the negligence action. These questions of fact were decided by the jury. Judgment and order unanimously "affirmed, with costs. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

Hailston v. New Amsterdam Casualty Co., 243 A.D. 835 (N.Y. Ct. App. 1935).

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