Country-Wide Insurance v. Rodriguez

OPINION OF THE COURT

Lupiano, J.

On August 15, 1977, defendant Nieves Rodriguez, an infant under the age of 14 years, was a passenger together *131with his mother, defendant Rosa Rodriguez, in a motor vehicle owned and operated by defendant Louis Padilla. The vehicle was insured by plaintiff Country-Wide Insurance Company under a policy issued to Padilla which contained the minimum liability limits prescribed by subdivision 2-a of section 167 of the Insurance Law, to wit, $10,000/ $20,000. The three defendants are residents of New York State. At this time (August 15, 1977) the vehicle was in…