Hartford Insurance v. Halt

223 A.D.2d 204, 646 N.Y.S.2d 589
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 1996
DocketAppeal No. 2
StatusPublished
Cited by35 cases

This text of 223 A.D.2d 204 (Hartford Insurance v. Halt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartford Insurance v. Halt, 223 A.D.2d 204, 646 N.Y.S.2d 589 (N.Y. Ct. App. 1996).

Opinions

OPINION OF THE COURT

Denman, P. J.

These appeals require us to decide whether the entitlement exclusion of an automobile liability policy that excludes coverage to "any person * * * [u]sing a vehicle without a reasonable belief that that person is entitled to do so” is applicable to a "family member” of the insured. We hold that the policy unambiguously excludes liability coverage for a "family member” who uses the vehicle without permission. We thus overrule our decision in Paychex, Inc. v Covenant Ins. Co. (156 AD2d 936).

FACTS

Effective April 1, 1993, plaintiff, Hartford Insurance Company of the Midwest, issued an automobile policy to its named insured, Susan Latt, covering her 1985 Ford Ranger pickup truck. The policy provides:

"insuring agreement
A. We will pay damages for bodily injury or property damage for which any insured becomes legally responsible because of an auto accident. * * *
"B. Insured as used in this Part means:
"1. You or any family member for the ownership, maintenance or use of any auto or trailer.
"2. Any person using your covered auto.”
The policy defines "Family Member” as "a person related to you by blood, marriage or adoption who is a resident of your household”. The policy contains a number of "exclusions”, [206]*206including exclusion A.8, which provides: "We do not provide Liability Coverage for any person * * * [u]sing a vehicle without a reasonable belief that that person is entitled to do SO.

The issue of coverage is raised with respect to use of the 1985 Ford pickup by James S. Halt, Susan Latt’s son, on April 9, 1993, when it collided with another vehicle, resulting in injuries to the occupants of both vehicles. It is incontrovertible on this record that use of the vehicle by Halt at the time of the accident was without the permission of his mother and stepfather, in whose household he was residing. The record establishes that, while his parents were away on vacation, and while Halt was staying with a friend, Halt broke into his parents’ house, searched for the truck keys (which had been hidden), and took the truck against his parents’ express wishes.

As a result of the incident, Halt’s mother lodged a criminal complaint against Halt for burglary and unauthorized use of a motor vehicle. Ultimately, Halt pleaded guilty to a reduced charge of petit larceny. Halt also pleaded guilty to a charge of driving without a license. In addition, personal injury actions were instituted by or on behalf of the five injured occupants of both vehicles against Halt as driver and Susan Latt as owner of the 1985 Ford. Subsequently, following consolidation of those actions, Susan Latt obtained summary judgment dismissing all claims against her on the ground that Halt was not using the vehicle with her express or implied permission.

In the interim, plaintiff disclaimed coverage and commenced this action seeking a declaration that it is not obligated to defend or indemnify Halt in the underlying action. The basis for plaintiff’s disclaimer was the provision excluding "[cjoverage for any person * * * [u]sing [the] vehicle without a reasonable belief that that person is entitled to do so.” The complaint named as defendants all parties to the underlying action.

In his answer, Halt denied that he was operating the vehicle without permission, although that fact is incontrovertible on this record and Halt would be collaterally estopped from relitigating that issue after his mother obtained summary judgment on that basis. Further, Halt raised as an affirmative defense that he was a "family member” of the insured, as that term is defined in the policy, because he was residing in the household of his mother at the time of the accident. Halt contended that he thus is covered under the policy regardless of lack of permission and that plaintiff must defend and indemnify him.

Plaintiff moved for summary judgment declaring that it has no obligation to defend or indemnify Halt. Plaintiff alleged [207]*207that Halt had neither permission to use the vehicle nor a reasonable belief that he was entitled to operate it, and therefore is not covered. Plaintiff also contended, for the first time, that Halt was not a "family member” of the insured because he was not residing with her on the date of the accident.

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Bluebook (online)
223 A.D.2d 204, 646 N.Y.S.2d 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-insurance-v-halt-nyappdiv-1996.