Travelers Insurance v. St. Paul Fire & Marine Insurance

OPINION OF THE COURT

Vincent G. Bradley, J.

The plaintiff moves pursuant to CPLR 3212 for summary judgment in this action for a declaratory judgment on the issues of motor vehicle liability coverage. Most of the salient facts giving rise to this action are uncontroverted.

Clara T. Masterson was the owner of a vehicle insured by the plaintiff, the Travelers Insurance Company (Travelers). On December 26,1980, the insured’s husband, Donald Masterson, was operating his wife’s vehicle with her consent and was struck in the rear, while he was stopped, by a Mr. Frank J. Bisnett, the owner and operator…