New York Court of Appeals

Herman Wagman v. American Fidelity & Casualty Co., Inc., and Bond Stores, Incorporated

December 4, 1952304 N.Y. 490

Summary

The New York Court of Appeals affirmed the trial court's judgment for Herman Wagman, holding that the automobile liability policy issued to Gilbert Carrier Corp. covers the entire loading operation, including the activities of Bond Stores' employees and Wagman's supervisory role, thereby obligating American Fidelity to defend and indemnify him. Justice Froessel dissented, arguing that Wagman's conduct was not part of the loading operation.