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State-Wide Insurance Company v. Murdock

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1969
31 A.D.2d 978 (N.Y. App. Div. 1969)

Summary

In State-Wide Ins. Co. v. Murdock (1969), 31 A.D.2d 978, 299 N. Y. Supp.2d 348, affirmed 25 N.Y.2d 674, 306 N. Y. Supp.2d 678, the court extended coverage to a passenger who was hit by an uninsured motorist after alighting from the vehicle.

Summary of this case from Robson v. Insurance Co.

Opinion

March 31, 1969


In a proceeding pursuant to CPLR 7503 (subd. [c]) to stay arbitration which respondent Murdock had demanded of petitioner and respondent Commercial Union Insurance Company, petitioner appeals from an order of the Supreme Court, Queens County, dated June 12, 1968, which granted respondents' separate motions to confirm the report of a Special Referee, vacated a temporary stay of arbitration as between respondent Murdock and petitioner, and permanently stayed arbitration as between the two respondents. Order reversed, on the law and the facts, with one bill of costs against respondents jointly; respondents' said motions denied; arbitration as between respondent Murdock and petitioner permanently stayed; the temporary stay of arbitration as between respondents vacated; and arbitration shall proceed between respondents. In our opinion, where a panel truck had stalled and the operator had raised the hood of the motor to attempt to start the engine and a passenger alighted from the truck to walk toward the front of the truck and was struck by a hit-and-run vehicle within four or five seconds after alighting from the truck, the passenger was "occupying" the truck within the meaning of section 617 Ins. of the Insurance Law and the New York Automoble Accident Indemnification Endorsement on the insurance policy which covered the truck and on the separate policy which covered the passenger. Beldock, P.J., Benjamin and Munder, JJ., concur; Christ and Martuscello, JJ., dissent and vote to affirm the order, on the opinion of the Special Term.


Summaries of

State-Wide Insurance Company v. Murdock

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1969
31 A.D.2d 978 (N.Y. App. Div. 1969)

In State-Wide Ins. Co. v. Murdock (1969), 31 A.D.2d 978, 299 N. Y. Supp.2d 348, affirmed 25 N.Y.2d 674, 306 N. Y. Supp.2d 678, the court extended coverage to a passenger who was hit by an uninsured motorist after alighting from the vehicle.

Summary of this case from Robson v. Insurance Co.

In State-Wide Ins. Co. v. Murdock (31 A.D.2d 978, affd. 25 N.Y.2d 674) the claimant was a passenger in a truck which had stalled. It was held that he was "occupying" the vehicle when he was struck by a "hit and run" driver after alighting from the truck and walking toward the front where the operator was attempting to start the engine.

Summary of this case from Fischer v. Aetna Insurance Company

In Murdock and in Oppedisano, the respective parties were held to be still "in" their vehicles although they were fortuitously and temporarily outside of them at the time of the accident.

Summary of this case from Matter of Allstate Ins. v. Flaumenbaum
Case details for

State-Wide Insurance Company v. Murdock

Case Details

Full title:STATE-WIDE INSURANCE COMPANY, Appellant, v. DANIEL MURDOCK et al.…

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

Date published: Mar 31, 1969

Citations

31 A.D.2d 978 (N.Y. App. Div. 1969)

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