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Loerzel v. American Fidelity Fire Insurance Co.

Appellate Division of the Supreme Court of New York, Third Department
Dec 30, 1952
281 App. Div. 735 (N.Y. App. Div. 1952)

Summary

holding stacking permissible where two company-owned trucks were involved in the same accident but where an express separability clause authorized stacking, as explained in Inman

Summary of this case from Auto-Owners Insurance Company v. Anderson

Opinion

December 30, 1952.

Appeal from Supreme Court for Albany County.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


Plaintiff hertofore recovered a judgment for personal injuries against the Oswego Stevedoring Trucking Company, Inc., and several other defendants, in an action arising out of a collision between a car in which plaintiff was riding and a truck owned by the trucking company. This judgment was affirmed, on appeal ( Loerzel v. Carnright, 279 App. Div. 825, motion for leave to appeal denied 303 N.Y. 1014). The record in this case clearly reveals that the jury found two trucks of the trucking company were involved in the accident, and both drivers were guilty of negligence in the operation thereof. The present action was brought by plaintiff directly against the defendant insurance company to recover $70,000 of the $75,000 verdict. Fifty thousand dollars of this amount, plus interest and costs, was paid by the defendant but it denies further liability on the ground the policy limit was $50,000 liability for one person in one accident. The policy in question was a fleet policy, and the Special Term held that it was intended to cover each vehicle the same as though a separate policy had been issued therefor. It also held in effect that an ambiguity existed between the clause covering each vehicle and the clause limiting liability, and that such ambiguity should be resolved against the defendant insurance company. Order and judgment unanimously affirmed, with costs.


Summaries of

Loerzel v. American Fidelity Fire Insurance Co.

Appellate Division of the Supreme Court of New York, Third Department
Dec 30, 1952
281 App. Div. 735 (N.Y. App. Div. 1952)

holding stacking permissible where two company-owned trucks were involved in the same accident but where an express separability clause authorized stacking, as explained in Inman

Summary of this case from Auto-Owners Insurance Company v. Anderson
Case details for

Loerzel v. American Fidelity Fire Insurance Co.

Case Details

Full title:WILLIAM LOERZEL, Respondent, v. AMERICAN FIDELITY FIRE INSURANCE COMPANY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 30, 1952

Citations

281 App. Div. 735 (N.Y. App. Div. 1952)

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