[DOWNLOAD] "Leon Collins v. Jamestown Mutual Insurance Company" by Supreme Court of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: Leon Collins v. Jamestown Mutual Insurance Company
• Author : Supreme Court of New York
• Release Date : January 27, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

[32 A.D.2d 725 Page 725] On July 28, 1966 Gerald T. Vaccaro, appellant's insured, was operating an automobile which caused injuries to the infant
respondent, a passenger therein. The respondents commenced an action against Vaccaro for personal injuries; the appellant
disclaimed coverage and refused to defend; a default judgment was granted to the infant and his father. Vaccaro assigned any
rights to a claim he might have against appellant for bad faith or breach of contract to the respondents. The respondents
thereupon commenced the present action against appellant, the first cause of action being that assigned by Vaccaro to them
and the second cause of action seeking the policy limits as judgment creditor pursuant to section 167 of the Insurance Law.
The respondents conducted an examination before trial of the appellant and its counsel refused to permit the disclosure of
evidence relating to its investigation of the accident and disclaimer of liability upon the ground that such information was
privileged because of the confidential relationship between the appellant and its insured. The respondents moved before Special
Term to compel disclosure. Special Term ordered that the appellant was to comply in full with the respondents' notice of examination
before trial. Appellant contends that this was error because its investigation of Vaccaro's accident constituted privileged
and confidential communications. Appellant asserts that as a matter of law there is a privileged and confidential relationship
between an insured and an insurer and cites Kandel v. Toucher (22 A.D.2d 513, 517, 518). In the Kandel case it was indicated
that statements made by the insured to his insurer might be privileged communications in a negligence action, but did not
decide the point. This court considered the Kandel case in the case of Bennett v. Troy Record Co. (25 A.D.2d 799) and held
that the insurance company was subject to disclosure. It does not appear that any statements of the insured to his insurer
are involved in the present proceeding or that the appellant is urging that the subject matter is precluded as having been
prepared for litigation. An investigation conducted to defend an insured against a possible legal action is [32 A.D.2d 725
Page 726]

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