Aetna Cas. & Sur. Co. v. World Wide Rent-A-Car, Inc.
| Citation | 276 N.Y.S.2d 401,52 Misc.2d 552 |
| Decision Date | 30 December 1966 |
| Docket Number | RENT-A-CA,INC |
| Court | United States State Supreme Court (New York) |
| Parties | The AETNA CASUALTY AND SURETY COMPANY, Plaintiff, v. WORLD WIDE, Sun Insurance Company of New York, Joseph Cattano, an infant over the age of 14 years, by Peter Cattano, his parent, Lifetime Pools Equipment Corp. and Joseph L. Jordan, Defendants. |
Allen M. Taylor, New York City (William H. Williamson, Jr., New York City, of counsel), for plaintiff.
Cymrot, Wolin & Simon, New York City, for defendant World Wide Rent-A-Car, Inc Smith & Formidoni, New York City, for defendant Sun Ins. Co. of N.Y.
S. Paul Fishman, Brooklyn, for defendant Jordan.
Mehrmann & Hall, Freeport, for defendants Cattano and Lifetime Pools Equipment Corp.
Plaintiff moves for summary judgment. Plaintiff brings this action for a judgment declaring that the defendant World Wide Rent-A-Car, Inc. is obliged to defend and to pay.
Plaintiff issued a family auto insurance policy to the defendant Peter Cattano. Defendant Lifetime Pools Equipment Corp. leased the subject motor vehicle from defendant World Wide, its owner. World Wide is self-insured. Consequently its coverage extends to the minimum standard requirements of the Insurance Law. The car was used by the personnel of Lifetime. Its president, the defendant Peter Cattano, permitted his infant son, the defendant Joseph Cattano, to use the car when the accident occurred. Defendant Sun Insurance Company of New York issued its policy to Lifetime covering non-owned cars, and in the circumstances here that policy is excess insurance. The infant defendant came into collision with a car operated by the defendant Joseph L. Jordan who instituted action against Joseph Cattano, World Wide and Lifetime. Under the lease between World Wide and Lifetime the subject car was to be operated by a licensed person not under the age of 21. The Insurance Law requires as to each policy issued that it meet standard minimum requirements and without regard to the legality of operation or age of the operator (Insurance Law, § 167 as amended). No lease arrangement may nullify the Insurance Law requirements which are deemed a part of every policy issued (Stuyvesant Insurance Co. of New York v. Renaldo, 41 Misc.2d 285, 245 N.Y.S.2d 728; Standard Accident Insurance Co. of Detroit v. Solomon, 195 Misc. 48, 88 N.Y.S.2d 667).
Plaintiff's policy issued to Peter Cattano insured him as to a non-owned vehicle with respect to 'any relative, but only with respect to a private passenger automobile or trailer, provided the actual use thereof is with the permission of the owner.' World Wide is the registered owner of the subject vehicle and...
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