Country-Wide Insurance v. Wagoner

Simons, J. (dissenting).

The only issue on which the majority disagree with Special Term is over the application of proceeds payable under the respondent Aetna’s policy which insured the vehicle of Donald Wagoner’s father, Clifford.

Appellant Country-Wide Insurance insured the motorcycle which Daniel was driving at the time of the accident and if the vehicle were an ordinary car with four wheels, appellant’s policy concededly would be primary and Aetna’s policy excess. The majority, construing the contract, believe that Aetna intended to increase its exposure in the case of accidents involving…