Burns v. Travelers Insurance

Headnote

Insurance (liability) — action by insured against owner of colliding automobile to recover for damage to his car — counterclaim by owner of colliding car for his damages — defense by insurer of counterclaim resulting in judgment thereon — liability of insurer for costs.

Burns v. Travelers Ins. Co., 220 App. Div. 786 , reversed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 12, 1927, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action is on a policy of liability insurance. Plaintiff was insured by defendant at the time of a collision between his automobile and that of another. He brought suit against the owner of the colliding car to recover his damages. A counterclaim was interposed in the suit which defendant in this action, on notice, defended. Judgment was rendered against plaintiff herein on the counterclaim. The defendant in this action has paid the amount of the verdict on the counterclaim but' has refused to pay the costs taxed upon entry of the judgment, which have been paid by the plaintiff herein. This action was brought to recover the amount of such costs.