An insurer may be liable for an underinsured motorist claim in a case where the insured’s pit bull poked its head out the window of an illegally parked vehicle and bit a pedestrian, a judge has held in an apparent first impression case that turned on the definition of the word “use.”
Acting Supreme Court Justice James Pagones in Dutchess County (See Profile) rejected Allstate Insurance Co.’s argument that the car was not in “use” within the meaning of the policy. Rather, Pagones found, the insured’s “use” of the vehicle to transport his pet fit within the policy confines, even though the car was parked. The judge noted that neither side was able to point to a single on-point New York case.
