Goza v. Hartford Underwriters Insurance Co.

I reluctantly concur in the opinion of Judge Teitelman, but write to express my reservations about the law that has been explicated in this area by the courts.

It is usual that automobile policies provide insurance for the named insured when operating a non-owned vehicle. Because such operation is normally with the permission of the owner of the other vehicle the liability policy of that vehicle normally also provides coverage for the permittee’s operation. That concept has been carried forward into under-insured motorist coverage as evidenced by the policy before us. The named insured and any…