Buckner v. Motor Vehicle Accident Indemnification Corp.
Opinion of the Court
—Judgment unanimously reversed, on the law, without costs, and summary judgment granted declaring plaintiff an insured person under the policy issued by defendant Liberty Mutual Insurance Company. Memorandum: The central issue in this lawsuit is whether plaintiff should be deemed an insured person within the meaning of an insurance policy issued by defendant Liberty Mutual Insurance Company. Plaintiff is a college student residing with his parents, who are the officers and shareholders of Buckner Associates, Inc., a family owned real estate business. While riding his bicycle, plaintiff was struck by a hit-and-run driver, sustaining personal injuries. Plaintiff sought to obtain first-party benefits from Liberty but was denied coverage. The insurer reasoned that the policy of insurance was issued to Buckner Associates, Inc., a corporation; that the policy defines an eligible injured person to include the named insured and any relative residing in the insured’s household; that plaintiff is not a “relative” of the corporation and is therefore excluded from coverage.
Plaintiff, as well as defendant Motor Vehicle Accident Indemnification Corporation (MVAIC), which would be liable to plaintiff if the latter were not covered by the Liberty policy, argues that when an automobile insurance policy is issued to a family owned business such as the one herein, the words of the policy create an ambiguity leading the principals of the corporation to believe that the policy covers their family members. We find this argument persuasive. The policy defines an eligible injured
Case-law data current through December 31, 2025. Source: CourtListener bulk data.