Fiduciary Insurance Co. of America v. Morris
Cases that cite this one
7 later published cases cite this decision.
- Matter of Country-Wide Ins. Co. v. Park (Appellate Division of the Supreme Court of New York 2018)
- Madrigal v. Paragon Motors of Woodside, Inc. (Appellate Division of the Supreme Court of New York 2025)
- Matter of Allstate Ins. Co. v. Jae Kan Shim (Appellate Division of the Supreme Court of New York 2020)
- State Farm Insurance v. Walker-Pinckney (Appellate Division of the Supreme Court of New York 2014)
- State Farm Insurance v. Walker-Pinckney (Appellate Division of the Supreme Court of New York 2014)
- Government Employees Insurance v. Allen (Appellate Division of the Supreme Court of New York 2012)
- Government Employees Insurance v. Allen (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, the petitioner appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County (Kurtz, Ct. Atty. Ref.), dated June 9, 2010, as, after a hearing, determined that the subject vehicle was stolen and being operated without permission at the time of the accident, denied the petition, and, in effect, dismissed the proceeding.
Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.
“The strong presumption of permissive use afforded by Vehicle and Traffic Law § 388, can only be rebutted by substantial evidence sufficient to show that the driver of the vehicle was not operating the vehicle with the owner’s consent” (Matter of State Farm Mut. Auto. Ins. Co. v Ellington, 27 AD3d 567, 568 [2006]; see Matter of State Farm Fire & Cas. Co. v Hayes, 78 AD3d 1063 [2010]). Here, the Supreme Court properly determined that the presumption of permissive use was overcome (see Matter of State Farm Fire & Cas. Co. v Hayes, 78 AD3d at 1063; Matter of New York Cent. Mut. Fire Ins. Co. v Accardo, 298 AD2d 459 [2002]). In this respect, the factfinder’s resolution of issues of the witnesses’ credibility is supported by the record and will not be disturbed on appeal (see Matter of State
Case-law data current through December 31, 2025. Source: CourtListener bulk data.