Kohl v. AMERICAN TRANSIT INSURANCE COMPANY

933 N.E.2d 208, 15 N.Y.3d 763, 906 N.Y.S.2d 809

• Court: New York Court of Appeals
• Decided: July 1, 2010
• Status: Published

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.

Kristopher Kohl, a passenger in a taxicab, was sued by a bicyclist who claimed that he was injured when Kohl opened the taxi’s door. The Appellate Division correctly held that Kohl was not insured under the taxi owner’s policy of automobile liability insurance. The policy says that it “shall inure to the benefit of any person legally operating” the insured vehicle in the business of the insured. The word “operating” cannot be stretched to include a passenger’s riding in the car or opening the door.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed, with costs, in a memorandum.