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Dumblewski v. ITT Hartford Insurance Group
Citations: 213 A.D.2d 823; 623 N.Y.S.2d 374; 1995 N.Y. App. Div. LEXIS 2616
Court: Appellate Division of the Supreme Court of the State of New York; March 8, 1995; New York; State Appellate Court
An appeal was filed by plaintiffs Timothy and Sharon Dumblewski against an order from the Supreme Court of Montgomery County, which granted ITT Hartford Insurance Group’s motion for summary judgment. The court declared that Hartford was not obligated to defend or indemnify the Dumblewskis in two ongoing civil actions stemming from an automobile accident involving a vehicle owned by a customer, Lori Jackowski. The Dumblewskis operate a gas station where Jackowski had left her vehicle for repairs. After closing the station, Timothy Dumblewski drove Jackowski's vehicle to a bar, consumed multiple alcoholic beverages, and subsequently crashed the vehicle while driving with Penny Raab. Both Raab and Lloyd Edgar, the other driver, filed personal injury lawsuits against the Dumblewskis and their business. The Dumblewskis sought indemnification from Hartford, asserting coverage under their liability insurance policy for the incident. Hartford's policy, however, only provided coverage for accidents arising from "garage operations," which is defined in the policy as activities connected to the garage business. The court found that Dumblewski's use of the vehicle at the time of the accident was personal rather than related to garage operations, as he was not test-driving the vehicle for business purposes. The court concluded that there was no factual or legal basis for indemnification under the policy, leading to the determination that Hartford had no duty to defend the Dumblewskis in the personal injury actions. Consequently, the Supreme Court's order was affirmed, with costs awarded to Hartford. Additionally, Dumblewski pleaded guilty to driving while intoxicated and operating a vehicle without a valid license, which had been suspended since November 1989.