New York Underwriters Insurance Co. v. Spiller

HAYS, Chief Justice:

This appeal was originally filed with the Court of Appeals but was transferred to this Court for oral argument and decision.

Most of the facts were stipulated. One was disputed. Evidence was heard, and the trial court made a finding backed by competent evidence, which we accept as to the facts.

Phyllis Spiller, a divorcee with custody of her minor daughter, Charna, owned a Volkswagen. Both were passengers in it while it was being driven with her consent by Phyllis’ sister, Andrea Polkowitz. The car overturned in a one-car accident, and both Phyllis and Charna were injured.…