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United States Fidelity and Guar. Co. v. Bachmann

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1939
256 App. Div. 1042 (N.Y. App. Div. 1939)

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. Wyatt

Opinion

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.)


Summaries of

United States Fidelity and Guar. Co. v. Bachmann

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1939
256 App. Div. 1042 (N.Y. App. Div. 1939)

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. Wyatt
Case details for

United States Fidelity and Guar. Co. v. Bachmann

Case Details

Full title:UNITED STATES FIDELITY AND GUARANTY COMPANY, Respondent, v. OSWALD O…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1939

Citations

256 App. Div. 1042 (N.Y. App. Div. 1939)

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