Jacobs v. Maryland Casualty Co.

Headnote

Insurance — action to recover upon policy of liability insurance — defense that policy ran to firm and did not cover liability of individual member thereof.

Jacobs v. Maryland Casualty Co., 198 App. Div. 470 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 30, 1921, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. Plaintiff recovered a judgment in an action which he brought against Thomas F. Slavin for injuries which he suffered by being run over by an automobile in the city of Troy. An execution was issued thereon against Thomas F. Slavin and was returned unsatisfied. Thereupon the plaintiff brought this action against this defendant, Maryland Casualty Company, alleging, among other things, that on April 10, 1919, this

defendant issued to Thomas F. Slavin a certain policy of insurance known as a “ garage liability policy ” wherein the defendant, among other things, agreed to indemnify Thomas F. Slavin for damages on account of bodily injuries caused by any automobile owned or operated by the said Thomas F. Slavin, and the policy included all work incidental and necessary to the conduct of the business of Thomas F. Slavin, or the operation of an automobile or garage. The defense was that the policy was issued to the firm of Thomas F. Slavin & Son and did not cover Thomas F. Slavin personally.