MATTER OF HOROWITZ v. STATE FARM MUT. AUTO. INS. CO.


248 A.D.2d 471 (1998)

668 N.Y.S.2d 927

In the Matter of Russell C. Horowitz, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent

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

March 9, 1998


Ordered that the judgment is affirmed, with costs.

The petitioner was a passenger in a vehicle that was involved in a motor vehicle accident. At the time of the accident, the respondent had issued an automobile insurance policy to the petitioner's brother. We agree with the Supreme Court that the petitioner does not come within the definition of an "insured" in the uninsured motorist endorsement of the subject policy, and that the policy is not ambiguous. Thus, the...

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