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1
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OPINION
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EXTRACTED KEY WORDS
SCHWARZ VEHICLE COVERAGE SUSAN SCHWARZ APPELLANT DISCLAIMED COVERAGE COVERED AUTO ROBERT SCHWARZ PLAINTIFF MEMORANDUM MUTUAL FIRE INSURANCE JUDGE RESIDENT SPOUSE LIABILITY COVERAGE DECLARATORY EXCLUSION HUSBAND COMPENSATION OPERATING COSTS APPELLATE DIVISION RICHARD RESPONDENT FIRE INSURANCE COMPANY CENTRAL MUTUAL FIRE GRAFFEO CONCUR ROSENBLATT WESLEY |
2 No. 51
John August,
Appellant,
v.
New York Central Mutual Fire Insurance Company,
Respondent.
_________________________________________________________________
2002 NY Int. 47
April 30, 2002
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Richard W. Young, for appellant.
Richard S. Geffen, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed with costs.
Plaintiff suffered personal injuries when his vehicle collided with a
vehicle owned and operated by Susan Schwarz. In addition to pursuing
compensation under the Liberty Mutual Insurance policy Susan Schwarz
had purchased to cover her vehicle, plaintiff sought compensation
under a policy Susan's husband, Robert Schwarz, acquired from
defendant New York Central Mutual Fire Insurance Company which
designated a vehicle he owned as the "covered auto." Central Mutual
timely disclaimed coverage on the ground that the accident fell within
an exclusion in the policy. Plaintiff commenced this declaratory
judgment action seeking a determination that Central Mutual was
obligated under the policy issued to Robert Schwarz to extend
liability coverage to Susan Schwarz on this personal injury claim.
Supreme Court granted this relief but the Appellate Division reversed
and declared that Central Mutual had properly disclaimed coverage. We
agree.
Central Mutual's disclaimer is based on a policy provision excluding
liability coverage for the ownership, maintenance or use of any
vehicle, other than the designated covered auto, which is owned by
"you" or "furnished or available for your regular use." Elsewhere in
the policy, the terms "you" and "your" are defined to include the
named insured -- in this case, Robert Schwarz -- and the spouse of the
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