General Acc. Fire & Life Assur. Corp. v. Jarmuth
| Decision Date | 26 March 1956 |
| Citation | 32 Misc.2d 424,150 N.Y.S.2d 836 |
| Parties | GENERAL ACCIDENT FIRE AND LIFE ASSURANCE CORPORATION, Ltd., Plaintiff, v. Edwin M. JARMUTH and Josephine Martinoli, Defendants. |
| Court | New York Supreme Court |
Richards W. Hannah, New York City (Thomas V. Kingham, New York City, of counsel), for plaintiff.
Charles Hollender, New York City, for defendant Edwin M. Jarmuth.
Wechsler & Solodar, New York City (Albert L. Solodar, New York City, of counsel), for defendant Josephine Martinoli.
This is an action for a declaratory judgment brought by the plaintiff insurance company which had issued to the defendant Edwin M. Jarmuth its policy of automobile liability insurance. It appears that on August 12, 1954, the defendant Jarmuth went to the Ryder Garage to take out his automobile which was stored there. He carried with him two pieces of baggage. These he placed in the passageway portion of the garage waiting room, while waiting for his automobile to be delivered. The defendant Josephine Martinoli, an employee of the garage, fell over the luggage and has instituted suit in this court against the defendant Jarmuth to recover damages for personal injuries. The policy in question covers the use of the automobile for 'pleasure and business.' It provides coverage for injuries 'caused by accident and arising out of the ownership, maintenance or use of the automobile.' It further provided that 'use of the automobile stated includes the loading and unloading thereof.' The plaintiff denies that its automobile liability policy affords coverage of the defendant Jarmuth for the personal injuries sustained by defendant Martinoli by virtue of the 'loading and unloading' provision of its policy.
Defendants urge that the word 'loading' in the policy issued by the plaintiff should receive the broad construction placed upon the same word in Wagman v. American Fidelity & Cas. Co., 304 N.Y. 490, at page 494, 109 N.E.2d 592, 594, where the Court of Appeals held that 'loading' encompasses (Italics supplied.) Assuming, without deciding, that the doctrine of the Wagman case, supra, is equally...
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