Bernardo v. Globe Indemnity Co.

Headnote

Insurance — indemnity — judgment recovered, against party insured for personal injuries — action by plaintiff against insurance company to •recover amount of insurance.

Bernardo v. Globe Indemnity Co., 217 App. Div. 821 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 11, 1926, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The complaint alleged that the plaintiff recovered a judgment against one Di Paolo on account of bodily injuries sustained by her through the negligent operation of Di Paolo’s automobile; that an execution issued on the said judgment was delivered to the sheriff of the county of Monroe and that such execution was returned by the said sheriff unsatisfied; that the defendant had issued to Di Paolo its policy of insurance agreeing to indemnify him for damages as the result of his ownership of a certain automobile; that the policy provides that in case execution against the assured is returned unsatisfied in an action brought by an injured person, an action may be maintained by the injured person against the company under the terms of the policy for the amount of the judgment in the said action, not exceeding the amount of the policy. The answer alleged that the automobile, at the time and place of the accident, was being used for purposes other than those specified in the policy; that the plaintiff was an employee of Di Paolo, engaged in picking apples for the purpose of making eider at Di Paolo’s mill, and that the automobile and accident were, therefore, not covered by the policy in accordance with provisions thereof.