PONTIERI v. STATE FARM INS. COS.


225 A.D.2d 510 (1996)

639 N.Y.S.2d 386

Joseph A. Pontieri, Individually and as Parent and Natural Guardian of Joseph Pontieri, an Infant, Appellant, v. State Farm Insurance Companies et al., Respondents, et al., Defendants

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

March 28, 1996


In light of the unambiguous "Definitions" and "Exclusions" provisions in the homeowner's insurance policy, defendant State Farm properly disclaimed coverage of claims arising from the instant moped accident, which occurred on a public road. The moped is clearly a "motor vehicle" under the policy; it was owned by plaintiffs; and while it may have been in "dead storage" prior to the accident, it certainly was in operation at the time of the accident (see, Lee v Aetna...

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