Lalomia v. Bankers & Shippers Ins. Co.
Supreme Court of New York, Appellate Division
312 N.Y.S.2d 1018 (1970)
Michael Maddock and Jean Lalomia died when Michael's homemade motorized bicycle collided with Jean's car. Michael's father, Daniel Maddock (defendant), held two auto policies with Bankers & Shippers Insurance (B&S) (defendant) covering specific automobiles plus later-acquired private passenger automobiles, and a homeowner's policy from Insurance Company of North America (North America) (defendant) covering personal injury and property damage but excluding automobile ownership or operation away from the insured premises. Jean's husband, Laurence Lalomia (plaintiff), separately held an uninsured-motorist policy with Liberty Mutual (defendant). Lalomia sought a declaratory judgment determining which policy actually covered the damages from the accident, which occurred several blocks from the Maddock home.
Whether an insurer has a duty to defend and indemnify an insured for claims that are not actually covered under the terms of the insurance policy.