MATTER OF ONE BEACON INSURANCE COMPANY v. ESPINOZA


37 A.D.3d 607 (2007)

830 N.Y.S.2d 287

In the Matter of ONE BEACON INSURANCE COMPANY, Respondent, v. KLEVER ESPINOZA, Appellant.

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

Decided February 13, 2007.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

On December 9, 1999, the appellant, Klever Espinoza, was a passenger in a car owned and operated by Rosa Garcia when it was allegedly involved in an accident with a vehicle owned by Luongo Trucking, Inc. (hereinafter Luongo). At that time, the Garcia vehicle was insured under a policy of insurance issued...

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