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Mills v. Liberty Mutual Insurance

30 N.Y.2d 546 Court N.Y. Decision date 1972-02-10 English

Contents

Majority

p. 546
Edgar C. Mills et al., Appellants, v. Liberty Mutual Insurance Company et al., Respondents.
Argued January 11, 1972;
decided February 10, 1972.
p. 547
Lowell Grosse for appellants.
Sheldon Hurwits and Charles D. Brown for respondents.

Order affirmed, with costs, on the opinion at the Appellate Division ( 36 A D 2d 445 ). As that court recognized, the applicable

Concurrence

p. 548
principle is that stated in Davis v. De Frank ( 27 N Y 2d 924 , affg. 33 A D 2d 236 ): the “ no liability ” clause in a garage liability policy of the type here involved does not provide coverage to an insured driver.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

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