Summary
In United States Fidelity Guaranty Co. v. Bachmann, 256 App. Div. 1042, 10 N.Y.S.2d 704, this is said: "An accident which occurred when an automobile with a trailer in tow was stopped temporarily at the side of the road, was not covered by an automobile casualty policy which excepted from coverage accidents occurring while the automobile involved was being used in towing a trailer."
Summary of this case from Welborn v. WyattOpinion
March 8, 1939.
Present — Sears, P.J., Crosby, Lewis, Taylor and Dowling, JJ.
Judgment affirmed, with costs. Memorandum: Where an automobile casualty insurance policy excepts from coverage accidents occurring while the automobile in question is being used in "the towing of any trailer," an accident, occurring in the course of a trip when the automobile was towing a trailer but at a time when the automobile with the trailer attached was stopped at the side of a road to enable an occupant of the automobile to make a purchase at a wayside stand, falls within the exception from coverage. All concur. (The judgment is for plaintiff in an action for a declaratory judgment to determine plaintiff's liability under an automobile liability insurance policy.)