7 A.D.2d 872 | N.Y. App. Div. | 1959
Action by an insurer for a judgment ' declaring that its disclaimer of liability under a policy of automobile liability insurance is proper and that it is not obligated to defend the named insured, Herman von Bargén, and his son, Edgar von Bargén, in actions brought against them or to pay any judgments which may be recovered against them in such actions, and for other relief. The insurer appeals from a judgment entered after trial declaring that its disclaimer is improper arid that it is obligated under the contract to defend the actions and pay judgments recovered therein. Judgment reversed on the law and the facts, with costs, and judgment directed in favor of the insurer as prayed for in the complaint, except for the injunctive relief. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated