Insurance Co. of North America v. Norris

OPINION OF THE COURT

Arthur D. Spatt, J.

In this nonjury trial, the issues were delineated by order of this court dated February 5, 1982 (Becker, J.), as follows:(1) “Whether the vehicle owned by Arc Leasing Corp. and insured by American Transit Insurance Co. was being driven by a thief at the time of the accident with respondents?”

*315(2) “Whether American Transit has properly disclaimed coverage?”

THE TRIAL

Respondent Gladys M. Norris testified that she was involved in an automobile accident on April 26, 1981 on Third Avenue and 31st Street in the Borough of Manhattan. In this accident, both she…