Carlson v. Am. Int'l Grp., Inc.

GARCIA, J. (dissenting).

The vehicle involved in the tragic accident underlying this case was not a "hired auto" under settled principles of insurance law (see Dairylea Coop. v. Rossal, 64 N.Y.2d 1, 9-10, 483 N.Y.S.2d 1001, 473 N.E.2d 251 [1984] ; see also Toops v. Gulf Coast Mar. Inc., 72 F.3d 483, 487-488 [5th Cir.1996] ; 8A Steven Plitt et al., Couch on Insurance § 118:49 [3d ed.] ). I would therefore affirm on that basis.

I

In April 2004, MVP Delivery and Logistics, Inc. entered into a cartage agreement with DHL Express (USA) Inc. to provide package delivery services in the Western New York…