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NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. NATIONWIDE MUTUAL INSURANCE COMPANY

307 A.D.2d 449 (2003)

761 N.Y.S.2d 730

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, as Subrogee of JOHN D. GOOLEY et al., Individually and as Parents of AARON GOOLEY, Respondent, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, and MARK DELVECCHIO et al., Individually and as Administrators of the Estate of DANIEL DELVECCHIO, Deceased, Appellants, et al., Defendants.

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

Decided July 3, 2003.

Kane, J.

An action was commenced by defendants Mark Delvecchio and Janice Delvecchio to recover for pain, suffering and the wrongful death of their son, who died as a result of a car accident. Aaron Gooley was the driver of a car owned by defendant Robert Piche, Sr., in which the Delvecchios' son was a passenger. Plaintiff was the insurer under a homeowner's policy issued to John Gooley and Bonnie Gooley, Aaron Gooley's

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