RLI Insurance v. Smiedala

Scudder, P.J., and Gorski, J. (dissenting in part).

We respectfully dissent in part. In our view, this is not a case in which the policy “covers neither the person nor the vehicle involved in [the] automobile accident” (Zappone v Home Ins. Co., 55 NY2d 131, 139 [1982]). At the time of the accident, defendant Michael J. Hale was using his personal vehicle to conduct business on behalf of defendant Regional Integrated Logistics, Inc. (Regional). The commercial automobile insurance policy at issue provides coverage for any automobile, regardless of ownership, subject to certain specified…