Birsett v. General Accident Insurance Co. of America

Mikoll, J. P.

Appeal from an order of the Supreme Court (Kahn, J.), entered May 30, 1995 in Albany County, which granted plaintiff’s motion for summary judgment.

On December 11, 1988, a motor vehicle owned by plaintiff and driven by her spouse was involved in an accident in the Town of Corinth, Saratoga County. As a result, Lisa Moses, who was a passenger in plaintiff’s vehicle at the time of the accident, was injured. Moses subsequently commenced a personal injury action against plaintiff. Plaintiff contends that her car was covered at the time of the accident by an insurance policy issued by…