Legal Opinion

Planet Insurance v. Bright Bay Classic Vehicles, Inc.

New York Court of Appeals

Decided March 27, 1990PublishedCited by 22 opinions

1Opinion of the Court

*397OPINION OF THE COURT

Hancock, Jr., J.

We must decide whether a liability insurer under a fleet insurance policy covering rental automobiles leased for less than 12 months can properly disclaim coverage for an accident involving one of the rental cars which was leased for 24 months. This is the determinative question in the two declaratory judgment actions before us — one brought by the injured plaintiff and one by the insurance company. The Appellate Division, reversing Supreme Court, held that the insurance company was under no obligation to defend or indemnify because the 24-month rental term…

2Cases cited5 opinions

  1. Zappone v. Home InsuranceNew York Court of Appeals · 1982
  2. Motor Vehicle Accident Indemnification Corp. v. Continental National American Group Co.New York Court of Appeals · 1974
  3. Rosado v. Eveready InsuranceNew York Court of Appeals · 1974
  4. Prudential Property and Casualty Insurance v. HobsonNew York Court of Appeals · 1986
  5. Tom Sawyer Country Day School v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by22 opinions

  1. Jefferson Insurance v. Travelers Indemnity Co.New York Court of Appeals · 1998
  2. Greater New York Mutual Insurance v. ClarkAppellate Division of the Supreme Court of the State of New York · 1994
  3. Matter of Liberty Mut. Ins. Co.(hogan)New York Court of Appeals · 1993
  4. NGM Insurance v. Blakely Pumping, Inc.Court of Appeals for the Second Circuit · 2010
  5. U.S. Underwriters Ins. Co. v. Image By J&K, LLCDistrict Court, E.D. New York · 2018

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