New York Central Mutual Fire Insurance Company,
2002 NY Int. 47
The order of the Appellate Division should be affirmed with costs.
Plaintiff suffered personal injuries when his vehicle
collided with a vehicle owned and operated by Susan Schwarz. In
addition to pursuing compensation under the Liberty Mutual
Insurance policy Susan Schwarz had purchased to cover her
vehicle, plaintiff sought compensation under a policy Susan's
husband, Robert Schwarz, acquired from defendant New York Central
Central Mutual's disclaimer is based on a policy provision excluding liability coverage for the ownership, maintenance or use of any vehicle, other than the designated covered auto, which is owned by "you" or "furnished or available for your regular use." Elsewhere in the policy, the terms "you" and "your" are defined to include the named insured -- in this case, Robert Schwarz -- and the spouse of the named insured if the spouse is a resident of the same household. This case falls squarely within the policy exclusion because Susan Schwarz resided with her husband, thereby meeting the policy's definition of "you," and she was operating a vehicle she owned which was not designated in the policy as a covered auto (see Jerge v Buettner, , 90 NY2d 950 , revg on dissent 225 AD2d 294 [4th Dept 1996]).