Michaels v. City of Buffalo

Fallon, J. (dissenting).

We respectfully dissent. The issue in this case is restricted to the delay occasioned by a mechanically defective ambulance and is one of first impression in the courts of this State. The issue has been addressed, however, by courts in other States. In Macon-Bibb County Hosp. Auth. v Continental Ins. Co. (196 Ga App 399, 396 SE2d 50), a Georgia appellate court held that delay did not constitute an accident within the contemplation of the policy, in part because the plaintiff was not actually in the ambulance when the mechanical failure occurred. Furthermore, the court…