Contracts · MBE-tested
Giuseppe Falco and Another, Appellants, v. Zurich General Accident and Liability Insurance Company, Ltd., Respondent
216 A.D. 721·New York Supreme Court, Appellate Division·1926·NY
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Opinion
Giuseppe Falco and Another, Appellants, v. Zurich General Accident and Liability Insurance Company, Ltd., Respondent.
[MAJORITY]
Judgment affirmed, with costs. No opinion. Jaycox, Manning and Kapper, JJ., concur; Young, J., dissents, with the following memorandum: If defendant unjustly refused to defend the action brought against plaintiff, then plaintiff has a cause of action for damages resulting from this breach of contract, which is not affected by condition G of the policy. In such an action recovery can be had for all the damage caused by the breach, regardless of the amount specified in the policy. I think the complaint is good (McAleenan v. Massachusetts Bonding & Ins. Co., 232 N. Y. 199); with whom Kelly, P. J., concurs.