You are here: / / ALTHOUGH THE UNINSURED DRIVER ACTED INTENTIONALLY, THE INJURY TO THE MAN...

ALTHOUGH THE UNINSURED DRIVER ACTED INTENTIONALLY, THE INJURY TO THE MAN WHO WAS TRYING TO STOP THE DRIVER FROM DRIVING WHILE INTOXICATED WAS THE RESULT OF AN ACCIDENT WITHIN THE MEANING OF THE UNINSURED MOTORIST POLICY (THIRD DEPT).

The Third Department, reversing Supreme Court, determined respondent, Widdecombe, was injured in an accident within the meaning of the applicable uninsured motorist policy. Widdecombe was concerned because the driver, Germain, who had been drinking, should not drive. When Widdecombe attempted to take the keys, Germain drove off, dragging and injuring Widdecombe:

… [F]or purposes of an uninsured motorist endorsement, when an occurrence is — from the insured's perspective — “unexpected, unusual and unforeseen,” it qualifies as an “accident”… .  … “[T]he intentional assault of an innocent insured is an accident within the meaning of his or her own policy” … .

… [W]hatever Germain's intent and criminal liability, this incident was an accident from Widdecombe's perspective. Contrary to petitioner's contention, Widdecombe's uncontroverted testimony established that the incident “happened so fast” and, after he attempted to grab the keys, Germain said that “he was going to cut [Widdecombe's] leg off” and, as Widdecombe tried to get his leg out of the car, Germain “threw the car in drive” and “screeched” away, dragging Widdecombe. … [T]his event “was clearly an accident from the insured's point of view,” since having his leg trapped and being dragged was sudden and “unexpected, unusual and unforeseen” … . Matter of Progressive Advanced Ins. Co. (Widdecombe), 2018 NY Slip Op 00061, Third Dept 1-4-18

INSURANCE LAW (ALTHOUGH THE UNINSURED DRIVER ACTED INTENTIONALLY, THE INJURY TO THE MAN WHO WAS TRYING TO STOP THE DRIVER FROM DRIVING WHILE INTOXICATED WAS THE RESULT OF AN ACCIDENT WITHIN THE MEANING OF THE UNINSURED MOTORIST POLICY (THIRD DEPT))/ACCIDENT (INSURANCE LAW, ALTHOUGH THE UNINSURED DRIVER ACTED INTENTIONALLY, THE INJURY TO THE MAN WHO WAS TRYING TO STOP THE DRIVER FROM DRIVING WHILE INTOXICATED WAS THE RESULT OF AN ACCIDENT WITHIN THE MEANING OF THE UNINSURED MOTORIST POLICY (THIRD DEPT))/UNINSURED MOTORIST (INSURANCE LAW, ALTHOUGH THE UNINSURED DRIVER ACTED INTENTIONALLY, THE INJURY TO THE MAN WHO WAS TRYING TO STOP THE DRIVER FROM DRIVING WHILE INTOXICATED WAS THE RESULT OF AN ACCIDENT WITHIN THE MEANING OF THE UNINSURED MOTORIST POLICY (THIRD DEPT))

You might also like
Defendant Did Not Make a Sufficient Showing to Justify Severance of Counts (Counts Related to Different Victims of Sexual Abuse)—-Nor Did the Defendant Make a Sufficient Showing to Justify a “Taint” Hearing (to Explore whether Allegations by a Child Were the Result of Suggestive Questioning)
Disciplinary Actions by SUNY School Did Not Violate Student’s Due Process Rights 
THE RESTRICTIVE COVENANT LIMITED THE USE OF THE PROPERTY TO ONLY “SINGLE-FAMILY RESIDENTIAL PURPOSES;” USE OF THE PROPERTY FOR SHORT-TERM RENTALS THROUGH AIRBNB VIOLATES THE RESTRICTIVE COVENANT (THIRD DEPT).
THE COURT OF CLAIMS IN THIS MEDICAL MALPRACTICE ACTION CREDITED BOTH EXPERTS, ONE OF WHOM OPINED DEFENDANT WAS AT RISK FOR FUTURE HEART PROBLEMS; THEREFORE THE AWARD OF ZERO DAMAGES FOR FUTURE PAIN AND SUFFERING WAS ERROR; AWARD INCREASED BY $10,000 (THIRD DEPT).
Injury to Officer from Collapsing Stretcher Deemed Accidental
Preventing a Party from Carrying Out Its Agreement Constitutes a Material Breach
Parole Conditions Did Not Require Parolee to Report Brief, Incidental Contact with Children to His Parole Officer—Parole Violation Determination Annulled
ALTHOUGH THE EVIDENCE SUPPORTED A LEVEL TWO RISK LEVEL CLASSIFICATION, COUNTY COURT DID NOT ADDRESS DEFENDANT’S REQUEST FOR A DOWNWARD DEPARTURE; REVERSED AND REMITTED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

BECAUSE IT WAS POSSIBLE THE STATE WOULD REFUSE TO INDEMNIFY DEFENDANT DOCTORS... FACT THAT PRO SE NOTICE OF CLAIM WAS NOT VERIFIED PROPERLY OVERLOOKED, FACTS...