Legal Opinion

Colon v. Aetna Casualty & Surety Co.

New York Court of Appeals

Decided January 3, 1980PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

A person who had exited his disabled vehicle and was standing on the highway diverting oncoming traffic was not an "occupant” of his own car and therefore is not excluded from no-fault insurance benefits under the policy of the driver of the vehicle which struck him on the ground that he was "an occupant of another motor vehicle” within the meaning of section 672 (subd 1, par [a]) of the Insurance Law.

On the evening of November 12, 1976 plaintiff, accompanied by two passengers, was operating his automobile on the Grand Central Parkway in New York City when the…

2Cases cited5 opinions

  1. In re the Arbitration between Sentry Insurance & AmselNew York Court of Appeals · 1975
  2. Rice v. Allstate InsuranceNew York Court of Appeals · 1973
  3. Motor Vehicle Accident Indemnification Corp. v. OppedisanoNew York Supreme Court · 1964
  4. Estate of Cepeda v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1971
  5. State-Wide Insurance v. MurdockAppellate Division of the Supreme Court of the State of New York · 1969

3Cited by14 opinions

  1. In re the Arbitration between 20th Century Insurance & Lumbermen's Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1981
  2. In re the Arbitration between General Accident Fire & Life Assurance Corp., Ltd. & AveryAppellate Division of the Supreme Court of the State of New York · 1982
  3. Innes v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  4. Fleming v. Allstate InsuranceNew York Supreme Court · 1980
  5. General Accident, Fire & Life Insurance v. ViruetAppellate Division of the Supreme Court of the State of New York · 1991

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