Hartford Insurance v. Halt

Callahan, J. (dissenting).

We are called upon once again to decide whether a "family member” is a "covered person” within the meaning of an exclusion (A. 8) in an automobile liability policy, or whether the phrases "family member” and "any person” define mutually exclusive classes. The majority acknowledges that the issue presented on this appeal is indistinguishable from the relevant facts and policy language that we previously addressed and that "[w]e decided precisely that issue” in December 1989 (see, Paychex, Inc. v Covenant Ins. Co., 156 AD2d 936). Subsequent to that decision, the…