Miller v. Union Indemnity Co.

Headnote

Insurance — action to recover upon policy of liability insurance — defense that insured had failed to co-operate in defense of action.

Miller v. Union Indemnity Co. (2 eases), 211 App. Div. 840 , affirmed.

Appeal, in each of the above-entitled actions, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1924, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. Plaintiffs each recovered a judgment against one William A. Loree for personal injuries occasioned through his negligent operation of a motor car. Executions were issued thereon' and returned unsatisfied. These actions were thereupon brought to recover the amounts of said judgments from defendant who had issued a policy of liability insurance to said Loree which was in force at the time of the accident. The defense was that the policy contained a condition or provision to the effect that Loree should at all times render to the defendant all co-operation and assistance in his power in the matter of the investigation of the accident and in the matter of the defense of the actions; that he failed to comply with that provision. On the contrary, that he willfully refused to inform the defendant of witnesses, their names or addresses, materially injuring the defendant in the matter of the defense of the actions in question.