Hertz Corp. v. Bellin
| Decision Date | 05 June 1968 |
| Parties | , 239 N.E.2d 211 The HERTZ CORPORATION, as Successor in interest to Atlantic National Insurance Company, Appellant, v. Daniel J. BELLIN, et al., Defendants, and The Travelers Insurance Company, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 28 A.D.2d 1101, 284 N.Y.S.2d 140.
Ticktin & Bleich, New York City (David A. Ticktin, New York City, of counsel), for plaintiff-appellant.
McLaughlin, Fiscella & Biancheri, New York City (Don F. Salkaln, New York City, of counsel), for defendant-respondent.
Successor in interest to first insurer, which had issued an automobile liability policy to owner of truck, brought action for declaratory judgment against copartners, who had rented the truck from the owner, and second insurer which had issued a general liability policy to the copartners.
Copartners' employee, who was a helper on the rented truck, loaded the truck at the copartners' premises with copartners' products. When the truck reached its destination the employee took dolly off truck, loaded it with copartners' products, and delivered the products to consignee, and then he pulled the empty dolly down street by means of a rope. While doing so he struck and injured woman with the dolly. The injured woman brought a personal injury action. The action was referred to the second insurer, which had issued the automobile liability policy, for defense, but coverage was declined by the second insurer. The case was then referred by the copartners to the first insurer, which had issued the general liability policy. The first insurer denied liability under its policy but assumed the defense. The first insurer, on behalf of the copartners, settled the personal injury action and paid disbursements for legal expenses.
The successor in interest to the first insurer contended in the action for declaratory judgment that the automobile liability policy, though it covered loading and unloading of automobile, did not apply to the accident because all products had been delivered to the consignee and the dolly was empty at the time of the accident.
The Supreme Court, Trial Term, New York County, Irving H. Saypol, J., entered judgment adverse to the second insurer, and the second insurer appealed.
The Appellate Division entered an order December 11, 1967 which reversed, on the law and the facts, the judgment of the Trial Term.
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