New York Court of Appeals
175 East 74th Corporation v. Hartford Accident & Indemnity Company
December 18, 198051 N.Y.2d 585
Summary
The Court held that the fidelity bond was not a contract or policy insuring against liability within the meaning of subdivision 1 of section 167 of the Insurance Law, so a direct action against the insurer was unavailable, and that the prior dismissal did not bar the present claim. Accordingly, the Appellate Division's order was reversed and the motion to dismiss was granted.