Auto

Burden Of Proof To Dispute Consent Under New York Vehicle And Traffic Law §388 (NY)

In Johari v. Patel, the Supreme Court, Kings County recently addressed whether a vehicle owner was entitled to summary judgment on the issue of whether the co-defendant driver was operating a vehicle without the owner’s consent. Plaintiff was a passenger in the vehicle and allegedly sustained injuries in a car accident. Plaintiff sued both drivers involved in the accident and the owner of the...Read More

Policyholders Inflate Estimates At Their Own Risk (PA)

A recent decision from the United States District Court for the Eastern District of Pennsylvania demonstrates the risks involved when an insurance policy holder inflates the replacement value of the property covered under their commercial insurance policy. See State Auto Prop. & Cas. Ins. Co. v. Sigismondi Foreign Car Specialists, Inc. No. CV 19-5578, 2021 WL 1343116 (E.D. Pa. Apr. 12,...Read More

Who Is Considered A Vehicle Owner Under New York Vehicle And Traffic Law §388? (NY)

In Walker v. Town of Webster, the Appellate Division, Fourth Department addressed whether a former vehicle owner was considered an owner for the purposes of liability under Vehicle and Traffic Law §388. Plaintiff in that case allegedly sustained personal injuries when he was struck by a vehicle operated by defendant Buck. However, plaintiff also sued defendant Osborn, who had transferred...Read More

Friends Keep Their Promises & Don’t Let Friends Drive Drunk (NJ)

Is an individual who volunteers and assures police officers during a car stop of an alleged drunk driver that he will take the drunk driver and his car safety home – but instead relinquishes the car back to the drunk driver before reaching that destination – civilly liable if the drunk driver then collides with and injures another motorist? In this case, Diaz v. Reynoso, police stopped a...Read More

What is Considered an Emergency? (NY)

In Penaranda v. Tesoriero, the Appellate Division, Second Department addressed whether the defendant – Gringhaus was entitled to summary judgment dismissing the plaintiff’s complaint in a hit-in-the-rear motor vehicle accident. Plaintiff alleged personal injuries in connection with a motor vehicle accident when the defendant – Tesoriero cross a double yellow line, entering the...Read More

Something Borrowed (PA)

Continental Cas. Co. v. Pennsylvania Nat. Mut. Cas, involved a dispute between two (2) insurance carriers arising out of a motor vehicle accident and its subsequent settlement. Specifically, Continental Cas. Co. (Continental) commenced suit against Pennsylvania Nat. Mut. (Penn National) seeking reimbursement from Penn National, under an equitable contribution theory, for settlement sums paid...Read More

A Connecticut Auto Dealer in Pennsylvania’s Court: Personal Jurisdiction over the Internet (PA)

Does the Commonwealth of Pennsylvania have personal jurisdiction over an auto dealer in Connecticut? This was the question recently examined by the Lackawanna County Court of Common Pleas in D&S Auto Sales v. Commercial Sales & Marketing. The Defendant, a Ford dealership located in Mystic, Connecticut filed a preliminary objection to a claim of faulty service and repair of a vehicle...Read More

NYPD Traffic Officer Traffic Owed No Special Duty to Plaintiff Struck by Taxi

On November 1, 2012, an NYPD traffic officer was directing traffic at the intersection of 3rd Avenue and East 10th Street in Manhattan, New York, after the traffic lights were non-operational due to Hurricane Sandy. As the officer was manually directing traffic, a collision occurred at the intersection between a motorcycle driven by the Plaintiff and a taxi. Subsequently, in Mendez v. City of...Read More

Joyride Fails to Bring Joy to Injured Passenger (NJ)

New Jersey motorist Sheavonra Adderly was involved in a one-car collision that caused injury to one of her passengers. That passenger sought coverage under the vehicle’s insurance policy issued by Liberty Mutual. However, Adderly was not the owner of the vehicle involved in the accident, and the policy excluded coverage if a person drives the covered vehicle without a reasonable belief...Read More

Read it and Weep: Plaintiff’s Case Against Insurer Dismissed for Failure to Understand the Insurance Policy (NJ)

In Giselle Polizzi v. Liberty Mutual Fire Insurance Company, the United States District Court for the District of New Jersey case gave a lesson in policy interpretation following a dispute over an automobile policy. In this case, Giselle Polizzi (“Polizzi”) was injured in a car accident with an underinsured motorist while borrowing her parents’ vehicle. Due to language in an endorsement within...Read More