From Casetext: Smarter Legal Research

Locascio v. Atlantic Mutual Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 746 (N.Y. App. Div. 1987)

Summary

In Locascio v Atlantic Mutual Ins Co, 127 A.D.2d 746; 511 N.Y.S.2d 934 (1987), the plaintiff was shot with a handgun by the other driver involved in a minor collision.

Summary of this case from Kreager v. State Farm

Opinion

February 17, 1987

Appeal from the Supreme Court, Kings County (Jones, J.).


Ordered that the order is affirmed, with costs.

On October 20, 1984, the plaintiff was involved in an automobile collision with a vehicle driven by an unknown man. The plaintiff was not injured as a result of the collision. However, after both the plaintiff and the other driver exited their respective vehicles, the plaintiff was shot with a hand-gun by the other driver who then fled and was never found. The plaintiff sought first-party benefits and uninsured motorist benefits pursuant to a policy issued by the defendant insurer. When the defendant disclaimed, the plaintiff instituted this action which Special Term dismissed upon the defendant's motion for summary judgment.

The plaintiff was not entitled to first-party benefits because his injuries did not arise from the "use or operation" of the automobile (see, Matter of Manhattan Bronx Surface Tr. Operating Auth. [Gholson], 71 A.D.2d 1004, quoting from Insurance Law former § 671 [2], [now § 5102 (b)]). His claim for benefits under the uninsured motorist endorsement was also properly denied because his injuries were not caused by an accident (see, McCarthy v. MVAIC, 16 A.D.2d 35, affd 12 N.Y.2d 922) and the injuries did not arise from the physical contact between the vehicles (see, Matter of Smith [Great Am. Ins. Co.], 29 N.Y.2d 116). Mangano, J.P., Bracken, Niehoff and Eiber, JJ., concur.


Summaries of

Locascio v. Atlantic Mutual Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1987
127 A.D.2d 746 (N.Y. App. Div. 1987)

In Locascio v Atlantic Mutual Ins Co, 127 A.D.2d 746; 511 N.Y.S.2d 934 (1987), the plaintiff was shot with a handgun by the other driver involved in a minor collision.

Summary of this case from Kreager v. State Farm
Case details for

Locascio v. Atlantic Mutual Insurance Company

Case Details

Full title:ALAN V. LOCASCIO, Appellant, v. ATLANTIC MUTUAL INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 17, 1987

Citations

127 A.D.2d 746 (N.Y. App. Div. 1987)

Citing Cases

Sochinski v. Bankers and Shippers Ins. Co.

Manifestly, plaintiff's motor vehicle was not the proximate cause of his eye injury; that would have occurred…

Roller v. Stonewall Ins. Co.

[4] Ultimately, many jurisdictions conclude, as this court does, that an intentional act cannot, by…