Harper v. Lumbermen's Mutual Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order and judgment unanimously reversed on the law with costs, motion denied, complaint reinstated and summary judgment granted in part to plaintiffs, in accordance with the following Memorandum: Supreme Court erred in determining that, as a matter of law, an All Terrain Vehicle (ATV) was not a motor vehicle within the scope of plaintiff’s uninsured motorist coverage. The insurance policy issued by defendant covers injuries resulting from an accident with an uninsured automobile. As a matter of law, the coverage extends to all motor vehicles as defined by Vehicle and Traffic Law § 125 (see,…
2Cases cited5 opinions
- Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
- Allstate Insurance v. ShawNew York Court of Appeals · 1980
- Country-Wide Insurance v. WagonerNew York Court of Appeals · 1978
- In re the Arbitration between Askey & General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1969
- Buffalo Columbus Hospital v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Liberty Mutual Fire Insurance v. RondinaAppellate Division of the Supreme Court of the State of New York · 2006
- Nationwide Mutual Insurance v. RiccadulliAppellate Division of the Supreme Court of the State of New York · 1992
- Martinez v. Hitachi Construction Machinery Co.New York Supreme Court · 2006