Travelers Insurance Co. v. Russo

Full title: THE TRAVELERS INSURANCE COMPANY, Respondent, v. JOHN RUSSO, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: May 10, 1935

155 Misc. 589 (N.Y. App. Term 1935)

280 N.Y.S. 99

Opinion

May 10, 1935.

Appeal from the City Court of New York, County of New York.

Giaimo Nicolosi [ Frank M. Nicolosi of counsel], for the appellant.

William J. Moran [ Bernard J. McGlinn of counsel], for the respondent.

PER CURIAM.

Any terms of an automobile liability policy which violate section 109 Ins. of the Insurance Law or limit the free force and effect thereof are illegal. Nevertheless the policy will be held valid and deemed to include the provisions required by that section. ( Bakker v. AEtna Life Ins. Co., 264 N.Y. 150.) This rule controls the rights, duties and obligations of the insurer and the policyholder. We construe the present contract as attempting to limit the statutory provisions. It is, therefore, illegal and may not be enforced.

Judgment reversed, with costs, and judgment directed for defendant, with costs.

All concur; present, HAMMER, CALLAHAN and SHIENTAG, JJ.