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MATTER OF TRAVELERS PROPERTY CASUALTY CORP. v. MAXWILL-SINGLETON

300 A.D.2d 225 (2002)

751 N.Y.S.2d 367

In the Matter of TRAVELERS PROPERTY CASUALTY CORP., Respondent, v. SHANIQUA MAXWILL-SINGLETON et al., Respondents, and NEW YORK CENTRAL MUTUAL INSURANCE CO. et al., Appellants.

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

Decided December 31, 2002.

Petitioner insurer claims that the offending vehicle was insured by respondent insurer; the latter claims that the offending vehicle was being operated without respondent owner's permission, rendering it effectively uninsured. Pursuant to stipulation, the issue of permissive use was referred to a Special Referee to hear and determine. At the hearing, the owner of the offending vehicle asserted that he never gave anyone permission...

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