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Marvul v. Knecht
Citations: 216 A.D.2d 370; 628 N.Y.S.2d 171; 1995 N.Y. App. Div. LEXIS 6265
Court: Appellate Division of the Supreme Court of the State of New York; June 12, 1995; New York; State Appellate Court
A declaratory judgment action was initiated by the plaintiff against State Farm Mutual Automobile Insurance Company and Zurich-American Insurance Group to determine their obligations to provide insurance coverage for an automobile accident that resulted in the death of Aaron Marvul. The plaintiff, mother of the deceased, sought coverage under policy number B07 1700-A09-32A issued by State Farm to Christine and Charles Knecht, Sr., and another policy allegedly issued by Zurich for a 1978 Chevrolet van owned by Charles Knecht, Sr. The Supreme Court of Kings County denied the plaintiff's motion for summary judgment against State Farm and granted summary judgment in favor of State Farm, declaring it was not obligated to provide coverage for the accident. The court also granted Zurich's motion for summary judgment, confirming it was not liable for insurance coverage either. The court affirmed that State Farm's policy explicitly excludes coverage for family members using vehicles other than the insured automobile, thereby negating any obligation for the accident involving a 1987 Chevrolet Cavalier. Additionally, the plaintiff failed to provide admissible evidence to demonstrate the existence of the Zurich policy for the Chevrolet van or its ownership by Charles Knecht, Sr. Consequently, Zurich was also found not liable for coverage. The court's orders were affirmed, with costs awarded to the respondents. The judges concurred in the decision.