Seaver v. Massachusetts Bonding and Ins. Co. of Boston Company of Boston
| Decision Date | 25 February 1960 |
| Citation | 198 N.Y.S.2d 319,7 N.Y.2d 950,165 N.E.2d 880 |
| Parties | , 165 N.E.2d 880 Ernest SEAVER, Appellant, v. MASSACHUSETTS BONDING AND INSURANCE COMPANY OF BOSTON, MASSACHUSETTS, Respondent, and Ernest DuPont, Defendant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Fourth Department, 7 A.D.2d 310, 182 N.Y.S.2d 918.
Action was brought by injured automobile passenger against driver's automobile liability insurer to reform policy to make period of coverage run from date of issue instead of the beginning date as stated in the policy.
The Herkimer Special Term, Carl W. Peterson, J., entered judgment reforming the policy and for damages in favor of the passenger, and the insurer appealed.
The Appellate Division, Bastow, J., 7 A.D.2d 310, 182 N.Y.S.2d 918, held that the evidence was insufficient to support the finding that the insurer issuing the policy to insured under the assigned risk plan had not in fact mailed a binder showing coverage starting on date mentioned as the beginning of coverage in subsequently issued policy, and reversed the judgment and dismissed the complaint.
The injured automobile passenger appealed to the Court of Appeals and made a motion in the Court of Appeals for leave to prosecute appeal as a poor person and for assignment of counsel.
The Court of Appeals, 6 N.Y.2d 814, 188 N.Y.S.2d 202, granted the motion and assigned Philip D. O'Donnell, Esq., Herkimer, as counsel for the injured automobile passenger on appeal.
Frank J. Ryan, Utica (Carl J. Cochi, Utica, on the brief), for defendant-respondent Massachusetts Bonding & Insurance Co.
Judgment affirmed, without costs.
All concur.
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