Carlino v. Lumbermens Mutual Casualty Co.

Callahan, J. P.

(concurring). I concur in the result reached at Special Term (Carlino v Lumbermens Mut. Cas. Co., 136 Misc 2d 130). The majority finding that the policies were not written to circumvent the holding in Lumbermens Mut. Cas. Co. v Allstate Ins. Co. (51 NY2d 651) is correct. However, I cannot concur with the majority finding that the "two or more auto policies” clause is not in violation of the insurance regulations authorized by the Vehicle and Traffic Law.

In New York, the term "owner’s policy of liability insurance” shall mean a policy "(a) Affording coverage as defined in the…