State Farm Mutual Automobile Insurance Co. v. Langan

Summary

The New York Court of Appeals held that an innocent insured who was intentionally struck by an uninsured motorist sustained injuries as the result of an accident under the insured's automobile insurance policy. The court concluded that the insured was entitled to uninsured motorist, personal injury protection, and death, dismemberment, and loss of sight benefits because the event was unexpected from the insured's perspective. The court remitted the issue of attorneys' fees to the trial court.

Holdings

1. An intentional assault of an innocent insured by another person operating an uninsured motor vehicle is an accident within the meaning of the insured's own UM policy when the occurrence was unexpected and unintended from the insured's perspective.
2. The occurrence was an accident under the PIP and Coverage S endorsements because it was unexpected and unforeseen from the insured's perspective.
3. The attorney-fee issue must be remitted to Supreme Court for determination in the first instance because it was not addressed by the lower courts.

Questions Presented

1. Whether an insured pedestrian intentionally struck by an uninsured motorist sustained injuries as the result of an accident within the meaning of the policy's uninsured-motorist endorsement.
2. Whether the same occurrence qualified as an accident under the policy's mandatory personal injury protection endorsement and death, dismemberment, and loss of sight endorsement.
3. Whether Langan was entitled to attorney's fees, and whether that issue should be determined by Supreme Court in the first instance.

Disposition

other