Citation Numbers: 39 Misc. 2d 335
Judges: Mangan, Margaret
Filed Date: 5/27/1963
Status: Precedential
Modified Date: 2/5/2022
The questions before me for determination by order of January 8, 1963, are: (1) whether there was an entry of an order as required by section 1448 .of the Civil Practice Act permitting the infant respondent to commence an arbitration proceeding, (2) whether the infant respondent is an insured and (3) whether the allegedly responsible motorist was uninsured.
As to (1), the order as required by section 1448 was procured from the Supreme Court, County of Suffolk, New York, - under order thereof dated October 15, 1962. The “ infant ” -is now of age. As to (2), the evidence show's that the respondent was operating under a junior license, at the time of the accident, and was driving alone in the car owned by his sister, the policy named insured with whom he resided. At the scene of the accident the police gave him a summons for violating the Vehicle and Traffic Law, which prohibits the holder of a junior operator’s license from operating a motor vehicle during the hours of darkness, unless accompanied by a licensed operator over the age of 18. There was no revocation or suspension of his license. The respondent asserts he was not driving during the hours of darkness and that it was twilight at the time of the accident. When confronted with his accident report stating that the accident occurred on February 27,1959, at 7:52 p.m., he testified, he told his mother “ twilight ” and she made out the report. The police were not called as witnesses. In view' of the fact that his operator’s license was not revoked or suspended after a hearing and his unequivocal testimony that it was twilight when the accident happened, I find and decide that the respondent was not driving a motor vehicle in violation of law' and since he resided in the same household of the named insured under the policy he is an insured entitled to arbitration. As to (3), the respondent’s claims that “ the other ” driver was uninsured as a result of a disclaimer issued by his insurance company on the ground of failure to co-operate. The evidence shows that at the time of the accident, Thomas Gibbons, the ‘‘other driver ”, urns insured by Consolidated Mutual Insurance - Co.; it show's further that the first report of the accident was given
I find and decide that there were reasonable grounds for a disclaimer and that the allegedly responsible motorist Avas uninsured.