Colonial Cooperative Insurance v. Bailey

177 A.D.2d 966, 577 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 15699

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 15, 1991
• Status: Published

Opinions

Order affirmed with costs. Memorandum: Supreme Court properly denied plaintiff’s motion for summary judgment seeking a declaration that it is not required to defend and indemnify its insured in the underlying personal injury action. Plaintiff urges that, as a matter of law, the incident resulted from the use or maintenance of a motorized vehicle and thus is within the policy exclusions. We disagree. A jury could find that the proximate cause of the fire was the negligent placement of a wood stove near a volatile substance or the act of Charles Bailey in throwing his gasoline-soaked jacket to the floor of the garage.

All concur, except Pine and Davis, JJ., who dissent and vote to reverse in the following Memorandum.