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MATTER OF CONTINENTAL CAS. CO. v. LECEI

65 A.D.3d 931 (2009)

885 N.Y.S.2d 240

In the Matter of CONTINENTAL CASUALTY COMPANY, Appellant, v. TIBOR LECEI, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

September 22, 2009.

The Special Referee's finding that respondent was "occupying" the truck within the meaning of the policy is substantiated by respondent's testimony that he was alighting from the truck when he was struck by a passing motorist. Contrary to petitioner's contention, the evidence supports the conclusion that respondent was "still vehicle-oriented" at the time he was injured (see Matter of Rice v Allstate Ins. Co., 32 N.Y.2d 6, 11 [1973...

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