From Casetext: Smarter Legal Research

Classic Hosiery, Inc. v. Royal Insurance of America

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 987 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Supreme Court, Orange County (Peter Patsalos, J.).


Plaintiff Tuvia Brach is the president of plaintiff Classic Hosiery, Inc. On December 21, 1988, at a time when Brach was using his personal automobile to make deliveries on behalf of Classic Hosiery, he struck a pedestrian, and an action was commenced against plaintiffs to recover for the injuries sustained. Plaintiffs demanded that defendant Royal Insurance Company of America provide excess coverage under a general commercial liability policy issued by Royal to Classic Hosiery and, upon Royal's denial of coverage, commenced this action for judgment, inter alia, declaring that Royal is required to provide coverage under its policy. Following joinder of issue, Royal moved for summary judgment. Supreme Court granted the motion and declared that Royal's policy does not afford coverage in the underlying tort action. Plaintiffs appeal.

We affirm. The policy in question provides "Commercial General Liability Coverage" and by its terms excludes "`[b]odily injury' or `property damage' arising out of the ownership, maintenance, use or entrustment to others of any * * * `auto' * * * owned or operated by or rented or loaned to any insured". Plaintiffs' argument that Brach was not an "insured" and that the exclusion did not, therefore, apply to him is disingenuous in view of the policy's inclusion of "executive officers and directors" of a corporation and "employees, other than * * * executive officers * * * act[ing] within the scope of their employment" as insureds. Contrary to plaintiffs' assertion, the policy is clear and unambiguous in its exclusion of injuries arising out of automobile accidents (see, Ruggerio v. Aetna Life Cas. Co., 107 A.D.2d 744).

Order affirmed, with costs. Casey, J.P., Weiss, Mercure, Crew III and Harvey, JJ., concur.


Summaries of

Classic Hosiery, Inc. v. Royal Insurance of America

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 1991
172 A.D.2d 987 (N.Y. App. Div. 1991)
Case details for

Classic Hosiery, Inc. v. Royal Insurance of America

Case Details

Full title:CLASSIC HOSIERY, INC., et al., Appellants, v. ROYAL INSURANCE COMPANY OF…

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

Date published: Apr 11, 1991

Citations

172 A.D.2d 987 (N.Y. App. Div. 1991)
568 N.Y.S.2d 254

Citing Cases

Michael Carbone, Inc. v. General Acc. Ins.

Barge is arguably distinguishable from the present situation, however, since the opinion does not mention…

CLASSIC HOSIERY, INC. v. ROYAL INS. CO. OF AM

Decided September 5, 1991 Appeal from (3d Dept: 172 A.D.2d 987) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…