Kaszeski v. Fidelity & Casualty Co. of New York

We are asked to decide whether the uninsured motor vehicle provision of an automobile policy extends to those persons covered, when, at the time of an accident, the party who allegedly caused the injuries was covered for liability insurance by an insurance carrier which subsequently became insolvent. Plaintiff brought this declaratory judgment action to determine the rights and obligations of the parties under a policy of automobile liability insurance issued to plaintiffs decedent by defendant. The trial court found that coverage was afforded to plaintiff by the uninsured motorist provision…