Avery v. Wysocki

The opinion of the court was delivered by

PRESSLER, P.J.A.D.

Plaintiff Scott Avery appeals on leave granted from a partial summary judgment dismissing his claim against defendant Arnica Mutual Insurance Company for reformation of the uninsured/underinsured motorist (UM/UIM) coverage of the automobile liability policy it issued to him. We reverse.

This much is undisputed. Plaintiff had originally purchased the vehicle, a Volkswagen Sciroeco, in 1986. Sometime thereafter, because the vehicle was being used in his father’s business, he transferred title to the vehicle. The vehicle was then insured…