August v. New York Central Mutual Fire Insurance Company

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

Plaintiff suffered personal injuries when his vehicle collided with a vehicle owned and operated by Susan Schwarz. In addition to pursuing compensation under the Liberty Mutual Insurance policy Susan Schwarz had purchased to cover her vehicle, plaintiff sought compensation under a policy Susan’s husband, Robert Schwarz, acquired from defendant New York Central Mutual Fire Insurance Company which designated a vehicle he owned as the “covered auto.” Central Mutual timely disclaimed coverage on the…