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Legal Opinion

Boyson v. Kwasowsky

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 2015Published

1Opinion of the Court

OPINION OF THE COURT

ScONIERS, J.

At issue on this appeal is whether plaintiff, who was seriously injured in an accident involving a motorcycle and a pickup truck, is entitled to first-party benefits under no-fault automobile insurance policies issued by defendants Kemper Independence Insurance Company (Kemper) and Farm and Family Casualty Insurance Co. (Farm and Family). Resolving that issue requires that we determine whether plaintiff was “occupying” the motorcycle, within the meaning of that term under the insurance policies at issue, when she was injured. In the unique circumstances of this…

2Cases cited20 opinions

  1. Pless v. Town of RoyaltonNew York Court of Appeals · 1993
  2. Mid-Century Insurance v. HenaultWashington Supreme Court · 1995
  3. Rice v. Allstate InsuranceNew York Court of Appeals · 1973
  4. FARMERS INSURANCE v. ClureCourt of Appeals of Washington · 1985
  5. Perkins v. Merchants Mutual InsuranceNew York Court of Appeals · 1977

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