LANCER INSURANCE COMPANY v. REPUBLIC FRANKLIN INSURANCE COMPANY


304 A.D.2d 794 (2003)

759 N.Y.S.2d 734

LANCER INSURANCE COMPANY, Respondent, v. REPUBLIC FRANKLIN INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided April 28, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

On June 23, 1995, the defendant Peter Massie rented a 1986 Dodge Arias from Rent-Me of Long Island, Inc. (hereinafter Rent-Me), a franchise of the Rent-a-Wreck Company. Massie allegedly rented the Dodge because his own automobile, a 1994 Honda insured by the defendant Republic Franklin Insurance Company, was being repaired. Seven days later, on June 30, 1995...

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