Oil Delivery Does Not Arise Out of Auto Use in NY

In the case of Progressive Northeastern v. Penn-Star, et al., the underlying plaintiff slipped on oil “in the basement boiler room of a residential building one day after the insured’s oil delivery truck delivered oil to the building.”  Progressive, which had issued an automobile policy to the insured delivery company, moved for summary judgment.  It argued that the accident did not arise out of the use of an auto and thus there was no coverage.  The trial court agreed and Penn Stat, which insured the delivery company under a CGL policy, appealed.  The First Department has now sided with the trial court and Progressive.  It held that an auto policy is not implicated “simply because the oil was transported in a covered vehicle” – especially when as here the accident occurred more than one day after the delivery and away from the auto.

For more information about this post or WCM’s coverage practice, please contact Bob Cosgrove at rcosgrove@wcmlaw.com.

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_08220.htm