Tuesday, May 25, 2010
Passenger Who Grabs Steering Wheel Not an “Insured Person” Under Policy
In Progressive Halycon Ins. Co. v. Giacometti, 71 A.D.3d 1503 (4th Dept. 2010), the court determined that a passenger who grabbed the steering wheel and pulled the vehicle to the right after the driver steered to the left was not an insured person within the meaning of the automobile policy. In this case, the driver/insured leased the vehicle with a policy that limited an insured person to those who used the vehicle with the insured’s express or implied permission. The court determined that Progressive met its burden in establishing that the driver, who grabbed the steering wheel, had neither the express or implied permission of the driver/insured to use the vehicle and therefore was excluded under the policy.