Metro. Cas. Ins. Co. of New York v. Union Indem. Co. of Louisiana
| Decision Date | 06 January 1931 |
| Parties | METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, Appellant, v. UNION INDEMNITY COMPANY OF LOUISIANA, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (229 App. Div. 827, 242 N. Y. S. 807), entered May 19, 1930, unanimously affirming a judgment in favor of defendant entered upon an order of Special Term granting a motion for a dismissal of the complaint. The plaintiff issued a policy of liability insurance to Joseph Jacobs. Defendant issued a similar policy to Jacob De Ryke. Judgments for personal injuries were recovered against them both by reason of their joint negligence. In this action plaintiff seeks to recover from the defendant contribution to an amount paid by it on account of the judgment, under section 211-a of the Civil Practice Act, pertaining to contribution among joint tort-feasors, and section 109 of the Insurance Law (Consol. Laws, c. 28), which gives to an injured person the right to proceed directly against the insurance carrier of a defendant when execution on a judgment for personal injuries has been returned unsatisfied.
Eric P. Smith, of Rochester, for appellant.
Claude T. Taggart, of Rochester, and Thomas A. Clarke, of New York City, for respondent.
Judgment affirmed, with costs.
HUBBS, J., not sitting.
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