Legal Opinion

State Farm Mutual Automobile Insurance v. Fitzgerald

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Hall, J.

On this appeal, we are asked to consider whether a police vehicle qualifies as a “motor vehicle,” as that term is used in a certain supplementary uninsured/underinsured motorist endorsement. For the reasons that follow, we conclude that it does.

The appellant, Patrick Fitzgerald, a police officer, was riding as a passenger in a New York City Police Department vehicle, which was driven by fellow officer Michael Knauss, when he was injured in an automobile accident. The police vehicle was involved in a collision with a vehicle that was underinsured. Fitzgerald…

2Cases cited8 opinions

  1. Cragg v. Allstate Indemnity Corp.New York Court of Appeals · 2011
  2. Allstate Insurance v. ShawNew York Court of Appeals · 1980
  3. Federal Insurance v. International Business MacHines Corp.New York Court of Appeals · 2012
  4. Country-Wide Insurance v. WagonerNew York Court of Appeals · 1978
  5. Raffellini v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2007

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