Opinion
November 17, 1987
Appeal from the Supreme Court, New York County (Jawn A. Sandifer, J.).
Respondent Generett was a passenger in her own motor vehicle, insured by petitioner Allstate, when it was involved in an accident with an automobile owned by Susan Mohre and operated by James Verdi. Ms. Mohre's vehicle was not registered at the time of the accident and Mr. Verdi received tickets for being unlicensed, having no registration and having no insurance. After respondent Generett demanded arbitration with Allstate pursuant to the uninsured motorist endorsement of her insurance policy, Allstate commenced this special proceeding asserting that James Verdi resided at the same address as one Aurora Verdi, who was insured by additional corespondent State Farm for a period including the date of the accident. Petitioner contended that Aurora's policy with State Farm was "primary over Generett's uninsured motorist coverage".
The Supreme Court's grant of a permanent stay solely upon these assertions was improper. There can be no presumption that the insurance policy of one relative is automatically extended to another resident relative operating an uninsured automobile owned by a third party. The question of coverage is dependent upon the language of the policy and should not have been resolved by the court without the exact terms of that policy. We direct, therefore, the joinder of James Verdi as an additional corespondent and remand for a preliminary trial on the threshold issue of whether the policy of Aurora Verdi provides for coverage to James Verdi under the circumstances herein.
Concur — Sullivan, J.P., Asch, Ellerin and Smith, JJ.