Robert Johnson v. General Mutual Insurance Company - Court of Appeals of New York

Robert Johnson v. General Mutual Insurance Company

By Court of Appeals of New York

  • Release Date - Published: 1969-02-20
  • Book Genre: Law
  • Author: Court of Appeals of New York
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Robert Johnson v. General Mutual Insurance Company Court of Appeals of New York read online review & book description:

[24 N.Y.2d 42 Page 46] Involved are an appeal and cross appeals on summary judgment, and the assessment of damages at a non-jury trial, in declaratory judgment actions arising out of an automobile accident and the wrongful cancellation of liability insurance covering the driver owner. The insured driver owner (Kucskar) appeals from the order of the Appellate Division, reducing his recovery against the insurer (General Mutual) from $3,000 to $500. The court permitted him to recover only his legal expenses in defending the personal injury tort action brought against him as a result of the accident, thus disallowing his expenses of defending the declaratory judgment actions and prosecuting his cross claims against the insurer, and also disallowing consequential damages resulting from the wrongful cancellation of his liability insurance. The insurer cross-appeals from the order reducing the judgment rendered against it on the ground that the cancellation of the insurance was proper if the notice of the cancellation was personally served, and whether there was such service constituted an issue of fact which could not be determined on summary judgment. The insurer also cross-appeals from a denial of summary judgment in its favor against Agent's Service Corp., a third-party defendant, on a prior appeal to the Appellate Division (26 A.D.2d 602).

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