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In 1958, a company obtained an insurance policy for a truck that was routinely operated in the course of their business. On day during the coverage of this policy, the Queens business owner’s nephew was driving the truck and caused a commercial truck accident. The insurance company stated that they did not feel that they should be responsible for the accident because the nephew was not specifically listed to drive the vehicle. There is no argument that the nephew was at fault in the accident itself.
The Manhattan company owner argues that the policy itself clearly states that it covers any person who is driving the vehicle. The issue of if the owner had given permission to his nephew to drive the truck was not addressed during the trial of the issue. The policy states that it will insure not only the company owner, but also, any “person while using the vehicle with his permission.” The court points out that “the duty to defend is broader than the duty to pay.” Goldberg v. Lumber Mutual Casualty Ins. Co., 297 N.Y. 148, 154, 77 N.E.2d 131, 133.
The court points out that the entire issue of whether or not the insurance company is liable for the compensation that was awarded to the injured parties in this case would have been moot if the insurance company had simply represented the nephew in the first place. If they had done that, then their rights as well as the nephew’s rights would have been protected. Since they did not, the injured parties are allowed by law to seek compensation from the insurance company since the nephew either was not able to pay or simply did not pay the compensation ordered by the court.
The insurance company asked if in alternative, they could receive summary judgment in their favor which must be denied. There is only one disputed issue of fact involved in this case. It is whether or not the owner of the company gave permission to the nephew to drive the truck. A presumption is made that the nephew was operating the truck with the permission of the owner. The insurance company admits that they hold the insurance policy on the truck and that the company owns the truck.
The order of the court in this case is that a summary judgment cannot be approved and the case is reserved for trial.
Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide Truck Accident Attorneys, Injury Lawyers, Big Rig Jackknife Injury Attorneys, and 18 Wheeler Crash Injury lawyers. Commercial Truck Accident Lawyers will stand by you and ensure that your rights are protected. Wrongful Death Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.
Stephen Bilkis & Associates with its Personal Injury Lawyers has convenient offices throughout the New York Metropolitan area including other areas of New York. Our Commercial Truck Accident Attorneys can provide you with advice to guide you through difficult situations. Without a Personal Injury Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the other side has not adequately made their case. Let us help you to recover from the devastation that has befallen your family. If you are ever the victim of a truck accident, we are here to help.