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February 4, 2015

Pardalis & Nohavicka Insurance Coverage Update: Injury That Occurs After Car Parked Does Not "Arise Out of Use & Operation"

Where a claimant's injuries from an accident were produced other than as a result of the use or operation of the vehicle itself, no-fault first-party benefits are not available. Wife, a passenger in her husband's vehicle, fell while exiting the vehicle after her husband had parked the vehicle on the street in front of their home. She injured her knee as a result of the fall. She consistently described the accident as occurring when her right knee "buckled" while she was getting out of the car, causing her to fall to the ground.
Court rules: No Coverage.

Gonzalez v American Commerce Ins. Co.
http://www.courts.state.ny.us/reporter/3dseries/2015/2015_00494.htm

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