Loading ...
Sorry, an error occurred while loading the content.

The Rogak Report: 01 July 2004 ** Coverage For Assault On Bus **

Expand Messages
  • therogakreport
    WHEN ASSAULT OCCURS ON A BUS, THE BUS OWNER S CGL POLICY AND NOT ITS AUTO POLICY OWES THE COVERAGE Serio v. Public Service Mutual Insuance Co. et al., 776
    Message 1 of 1 , Jul 1 8:23 AM
    • 0 Attachment
      WHEN ASSAULT OCCURS ON A BUS, THE BUS OWNER'S CGL POLICY AND NOT ITS
      AUTO POLICY OWES THE COVERAGE

      Serio v. Public Service Mutual Insuance Co. et al., 776 NYS2d 245
      (1st Dept 2004)

      The Superintendent of Insurance, as the representative of an
      automobile insurer in liquidation, brought this declaratory judgment
      action seeking a declaration that a bus company's CGL insurer was
      obligated to defend and indemnify the insured (the bus company) in an
      underlying lawsuit which arose out of an assault committed on one of
      the insured's school buses. Supreme Court, New York County, granted
      summary judgment to the Superintendent.

      The Appellate Division held that Public Service Mutual, as the bus
      company's CGL carrier, owed the coverage. The allegations made by
      the plaintiff in the underlying assault case did not involve
      the "ownership, maintenance or use" of the school bus so as to invoke
      the exclusion in PSM's general liability policy. Since the auto
      liability policy issued by New York Merchant Bakers Insurance Company
      (in liquidation) only covered injuries arising from the ownership,
      maintenance or use of the covered autos, "the facts alleged in the
      underlying action plainly did not bring the case within the coverage"
      of the auto insurer.
    Your message has been successfully submitted and would be delivered to recipients shortly.