In re the Arbitration between New York City Transit Authority

70 A.D.2d 158, 419 N.Y.S.2d 689, 1979 N.Y. App. Div. LEXIS 12315
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 20, 1979
StatusPublished
Cited by11 cases

This text of 70 A.D.2d 158 (In re the Arbitration between New York City Transit Authority) 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
In re the Arbitration between New York City Transit Authority, 70 A.D.2d 158, 419 N.Y.S.2d 689, 1979 N.Y. App. Div. LEXIS 12315 (N.Y. Ct. App. 1979).

Opinion

OPINION OF THE COURT

Shapiro, J.

The issue in this case, not yet passed on by an appellate court, is whether the New York City Transit Authority (the authority) must provide "uninsured motorists coverage” for its passengers, and others, injured as a result of the operation of its vehicles. We hold that such coverage is required and therefore affirm Special Term’s denial of the authority’s application to restrain the arbitration sought by respondents.

FACTS

On May 19, 1977 the respondents were passengers on a bus owned by the City of New York which was leased to and operated by the authority. The respondents claim they were injured when the bus collided with an unidentified motor vehicle. The bus was allegedly stopped at an intersection waiting for the traffic light to turn green. The unidentified automobile coming from the opposite direction allegedly proceeded through the intersection against the red light, crossed over the yellow dividing line and struck the authority’s bus on the left front side. It then left the scene of the accident. Respondents timely filed the required notices of claim and submitted to examinations by the appellant.

Based on their contention that the authority was required to provide uninsured motorists coverage, the respondents served a demand for arbitration upon the authority. The authority moved for an order permanently restraining arbitration alleging that it was not required to provide such coverage. Special Term denied its application. The judgment entered on its denial, and the subsequent order denying renewal, should be affirmed.

[160]*160THE LAW

The relevant provisions of former section 17 of the Vehicle and Traffic Law (L 1932, ch 340) required indemnity bonds or insúrance policies to be obtained by "[e]very person, firm, association or corporation engaged in the business of carrying or transporting passengers for hire in any motor vehicle, except * * * motor vehicles owned and operated by a municipality” (emphasis supplied). Such bonds or insurance policies were to provide stated minimum liability coverage for damages "for death or for injury to persons or property” (L 1932, ch 340). At that time New York State law did not require that liability insurance (or indemnity bonds as an alternative) be carried by other motor vehicles.

That section, as amended and expanded, evolved into section 370 of the Vehicle and Traffic Law as it was revised effective October 1, 1960 (L 1959, ch 775). The quoted provision of former section 17 remained intact and is the lead sentence of subdivision 1 of section 370. The latter section is entitled "Indemnity bonds or insurance policies; notice of accident” and it is part of article 8 of the Vehicle and Traffic Law which bears the title "Indemnity Bonds or Insurance Policies on Vehicles Transporting Passengers for Hire”.

In 1962 subdivision 3 of section 370 was amended (L 1962, ch 888; see, also, L 1962, ch 609) to authorize self-insurance (in lieu of insurance or indemnity bond) by "a person, firm, association or corporation engaged in the business of renting or leasing motor vehicles, having registered in this state more than twenty-five motor vehicles”. The authorization was subject to the approval of the Commissioner of Motor Vehicles if he was reasonably satisfied that the applicant was possessed of financial ability to respond to a judgment against it.1 Never[161]*161theless article 8 continued to be entitled "Indemnity Bonds or Insurance Policies on Vehicles Transporting Passengers for Hire”, and section 370 thereof continued to be entitled "Indemnity bonds or insurance policies”. Therefore, as of October 1, 1962, both titles were misleading, since they did not indicate that there was another "or” (contained in subdivision 3) to wit, self-insurance as to an owner of more than 25 passenger vehicles who rented or leased them to the general public.

In 1971 section 370 was further amended (L 1971, ch 794) by adding the following provision to paragraph (b) of subdivision 1: "Notwithstanding any contrary provisions of this chapter, any such bond, or policy of insurance shall also provide for uninsured motorists coverage”; but no reference was made to the self-insurance provision contained in the 1962-enacted subdivision 3.

It is the respondents’ position that since the authority is a "person, firm, association or corporation engaged in the business of carrying or transporting passengers for hire”, and since its bus was not a motor vehicle "owned and operated by a municipality”, the authority is required to provide the uninsured motorists coverage mandated by the 1971-enacted paragraph (b) of subdivision 1 of section 370.

The authority, on the other hand, argues that pursuant to various provisions of the Vehicle and Traffic Law and section 1215 of the Public Authorities Law, it is deemed a political subdivision of the State and is thereby exempt from the mandate for uninsured motorists coverage contained in the 1971 amendment of section 370, just as it would be if it were a municipality.

The authority further argues that the mandate of section [162]*162370 (subd 1, par [b]) of the Vehicle and Traffic Law pertains only to owners and operators of such vehicles who have chosen to secure indemnity bonds or insurance policies as their method of providing financial security to injured persons or damaged property arising out of the operation of their vehicles, and that since the authority has chosen to be an unregulated self-insurer (pursuant to hereafter-stated exemptions from the Motor Vehicle Financial Security and Safety Responsibility Acts [Vehicle and Traffic Law, arts 6, 7]) it is not required to provide uninsured motorists coverage. Its contention, if upheld, would mean that all self-insurers, regulated (per § 370, subd 3) or unregulated (because of statutory exclusion as hereinafter set forth) would not be required to provide uninsured motorists coverage.

We reject the authority’s arguments and we discuss them seriatim.

THE CONTENTION THAT THE AUTHORITY IS A POLITICAL SUBDIVISION OF THE STATE AND IS THEREFORE NOT REQUIRED TO PROVIDE UNINSURED MOTORIST COVERAGE

Although section 370 of the Vehicle and Traffic Law, consonant with its predecessor former section 17, excludes from the requirement of insurance or indemnity bonds only "motor vehicles * * * owned and operated by a municipality” which are used in the business of carrying passengers, the authority claims that it also excludes any political subdivision of the State and that the authority is such a political subdivision.

The authority makes no claim that it falls within the stated exclusion in section 370 of a municipality which owns and operates such motor vehicles, nor could it reasonably so contend since it does not own the buses which it operates. Furthermore, the term "municipality” is synonymous with the term "municipal corporation”, which is statutorily defined as "includ[ing] only a county, town, city and village” (General Municipal Law, § 2; see, also, General Municipal Law, §§ 119-n, 800, subd 4; Local Finance Law, § 2.00, subd 1; ECL 15-0107, subd 3). Thus, the soundness of the authority’s contention requires acceptance of at least two propositions—first, that the authority is a political subdivision of the State and second, that such political subdivisions are excluded from the requirement of furnishing uninsured motorists coverage.

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Bluebook (online)
70 A.D.2d 158, 419 N.Y.S.2d 689, 1979 N.Y. App. Div. LEXIS 12315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-new-york-city-transit-authority-nyappdiv-1979.