Lauredo v. Fidelity & Casualty Co. of New York
Lauredo v. Fidelity & Casualty Co. of New York
Opinion of the Court
The appellant, plaintiff in the trial court (Guillermina J. Lauredo), brings this appeal from a final summary judgment in favor of the defendant (appellee herein), Fidelity & Casualty Company of New York.
The appellant was injured while driving her 1970 Ford van (a commercial vehicle) when she was struck by a motor vehicle. The Ford van and a 1971 Chevrolet (also owned by the appellant) were both insured under separate policies by the appellee. Because the Ford van was a commercial vehicle its policy did not contain PIP coverage, but the policy for the Chevrolet did contain PIP coverage with a $5,000.00 limit. Accordingly, the appellant sought recovery under the PIP coverage under her Chevrolet policy. Following the appellant’s notice and proof of claim, the insurance company denied coverage and refused to pay her medical expenses. Because of this denial, Ms. Lauredo instituted a declaratory action to determine her rights under the policy covering her Chevrolet. From cross-motions for summary judgment, the trial court granted the motion of the insurer and entered a final summary judgment for Fidelity, ruling that there was no coverage under the subject policy. This appeal ensued. We affirm.
Therefore, the final summary judgment here under review be and the same is hereby affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.