COLON v. AETNA CAS & SUR CO


48 N.Y.2d 570 (1980)

Gilbert Colon, Respondent, v. Aetna Casualty & Surety Company, Appellant.

Court of Appeals of the State of New York.

Decided January 3, 1980.


Attorney(s) appearing for the Case

Michael Majewski, J. Robert Morris and Joseph D. Ahearn for appellant.

Richard Klein for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.


JONES, J.

A person who had exited his disabled vehicle and was standing on the highway diverting oncoming traffic was not an "occupant" of his own car and therefore is not excluded from no-fault insurance benefits under the policy of the driver of the vehicle which struck him on the ground that he was "an occupant of another motor vehicle" within the meaning of section 672 (subd 1, par [a]) of the Insurance Law...

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