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Breen v. Cunard Lines Steamship Co.

41 A.D.2d 726 Court N.Y. App. Div. Decision date 1973-03-20 English

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p. 726
Michael Breen, Respondent, v. Cunard Lines Steamship Company Limited, Respondent. (Action No. 1.) Cunard Lines Steamship Company Limited, Respondent, v. Liberty Mutual Insurance Company, Appellant. (Action No. 2.)

—Order, Supreme Court, New York County, entered on May 22, 1972, denying motion by third-party defendant, insurer Liberty Mutual, for summary judgment, unanimously reversed, on the law, the motion granted, and the complaint in Action No. 2 dismissed. Appellant shall recover of respondent Cunard $60 costs and disbursements of this appeal. The issue is solely one in respect of the unambiguous language of the policy, and a person, other than the named insured is covered only if he is a lessee or borrower of an automobile or an employee of the named insured, or of such lessee or borrower. And there is nothing on this submission indicating that Cunard was a lessee, borrower or employee of the insured or of a lessee or borrower. Accordingly, we perceive

p. 727
no question of fact, and we grant the motion. Concur — McGivem, J. P., Kupferman, Murphy, Lane and Tilzer, JJ.