Opinion
March 12, 1952.
Appeal from Supreme Court, Albany County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Each plaintiff has had judgment in a previous action against one Zullo, the owner of an automobile, and one Kaye, the operator thereof, for damages sustained in an automobile accident. The defendant had issued a standard liability insurance policy to Zullo covering the car involved in the accident. These actions were brought against the defendant pursuant to section 167 Ins. of the Insurance Law, seeking to recover the amount of the judgments previously obtained against Zullo and Kaye. Defendant denied liability on the ground that Zullo, the assured, violated the terms of the insurance contract by failing to co-operate and failing to deliver the summons and complaints in the previous actions to the defendant. Following the accident Zullo reported to the defendant and to the police that his car had been stolen, and that Kaye was operating it without his consent. Evidence was presented at this trial from which the jury could find that such information was false. The issues of fact were properly submitted to the jury, and the record discloses sufficient evidence to sustain the verdicts. Judgments and orders unanimously affirmed, with costs.