U.S. Fidelity and Guaranty Co. v. Franklin

• Citation: 43 A.D.2d 844,352 N.Y.S.2d 1009
• Parties: UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Jerry A. FRANKLIN et al., Respondents, et al., Defendants.
• Decision Date: 14 January 1974
• Court: New York Supreme Court Appellate Division

Page 1009

352 N.Y.S.2d 1009

43 A.D.2d 844

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Jerry A. FRANKLIN et al., Respondents, et al., Defendants.

Supreme Court of New York, Appellate Division,

Second Department.

Jan. 14, 1974.

In an action for a declaratory judgment, plaintiff appeals from an order-judgment of the Supreme Court, Westchester County, dated June 15, 1973, 74 Misc.2d 506, 344 N.Y.S.2d 251, which, on plaintiff's motion for summary judgment, rendered a declaration that plaintiff 'is required to furnish a defense and insurance coverage to' defendant Jerry A. Franklin for claims of indemnification of the defendants Buckner and Callier for injuries sustained by Franklin's wife, defendant Carrie Franklin. Order-judgment affirmed, with $20 costs and disbursements (see State Farm Mut. Auto. Ins. Co. v. Westlake, 43 A.D.2d 314, 351 N.Y.S.2d 147 (decided herewith)).

HOPKINS, Acting P.J., and SHAPIRO, CHRIST and BRENNAN, JJ., concur.

BENJAMIN, J., dissents and votes to reverse and to grant plaintiff's motion, upon the grounds stated in his dissenting opinion in State Farm Mut. Auto. Ins. Co. v. Westlake, 43 A.D.2d 314, 351 N.Y.S.2d 147 (decided herewith).