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Government Employees Insurance v. Prudential Property & Casuality Insurance
Citations: 241 A.D.2d 479; 661 N.Y.S.2d 525; 1997 N.Y. App. Div. LEXIS 7407
Court: Appellate Division of the Supreme Court of the State of New York; July 14, 1997; New York; State Appellate Court
In a legal action concerning a vehicle accident, plaintiffs sought a judgment declaring that Laura Krotenberg's vehicle was operated without her permission, making it uninsured, and absolving her and Government Employees Insurance Company of any liability for injuries caused by the accident. The Supreme Court, Nassau County, denied several motions by the plaintiffs, including summary judgment and a default judgment against Metropolitan Life Insurance Company, as well as dismissing certain defenses from Prudential Property and Casualty Insurance Company. The appellate court reversed the lower court's order regarding the summary judgment and the dismissal of Prudential's first affirmative defense, granting those motions. The court concluded that the plaintiffs provided sufficient evidence to overcome the presumption of permissive use established in Vehicle and Traffic Law. No evidence was presented by the defendants to dispute this, thus entitling the plaintiffs to the declarations sought. Furthermore, it was affirmed that jurisdiction over Prudential was appropriately established under Insurance Law. The remaining motions denied by the lower court were deemed academic due to the granting of summary judgment. The matter was remitted for the entry of a judgment consistent with these findings.