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Totality of the Evidence Established Accident Was “Staged”

The Second Department determined Supreme Court erred when it found a collision was a covered event under a driver’s (Trotman’s) policy because the totality of the evidence demonstrated the collision was “staged:”

A deliberate collision by an insured is not a covered event under an insurance policy … . Here, the strong circumstantial evidence at the framed-issue hearing established that Trotman intentionally caused the collision between his vehicle and Young’s vehicle. In finding otherwise, the Supreme Court focused entirely on whether Trotman’s vehicle suffered any damage, rather than on the totality of the evidence … . Accordingly, because the evidence at the hearing established that Trotman intentionally caused the collision with Young’s vehicle, the collision between the two vehicles was not a covered event under Trotman’s policy with GEICO. Matter of Liberty Mut Ins Co v Young, 2015 NY Slip Op 00377, 2nd Dept 1-14-15

 

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