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EVEREADY INS. CO. v. SCHWARTZ

54 A.D.2d 750 (1976)

Eveready Insurance Company, Respondent, v. Richard Schwartz, as Father, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 25, 1976

Order affirmed, without costs or disbursements.

Special Term properly determined that the infant, Jennifer Schwartz, did not qualify as an "insured" person under the uninsured motorist endorsement of petitioner's policy by reason of the fact that she was not the "named insured" thereunder, or a member of his family, and that she was not "occupying" any vehicle owned or operated by the named insured or his spouse (see Fischer v Aetna Ins. Co.,

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