Lalomia v. Bankers & Shippers Ins. Co.

312 N.Y.S.2d 1018 (1970)

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Lalomia v. Bankers & Shippers Ins. Co.

Supreme Court of New York, Appellate Division
312 N.Y.S.2d 1018 (1970)

  • Written by Mary Pfotenhauer, JD

Facts

Michael Maddock and Jean Lalomia were killed when the homemade motorized bicycle Michael was operating collided with Jean’s vehicle. Daniel Maddock (defendant), Michael’s father, had two automobile insurance policies from Bankers & Shippers Insurance Company (B & S) (defendant), and a homeowner’s insurance policy from Insurance Company of North America (North America) (defendant). Laurence Lalomia (plaintiff), Jean’s husband, had an insurance policy from Liberty Mutual Insurance Company (Liberty) (defendant) that contained an uninsured motorist endorsement. Lalomia brought an action for declaratory judgment to determine which of the insurance policies covered the damages suffered by himself and Jean’s estate.

Rule of Law

Issue

Holding and Reasoning (Benjamin, J.)

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