Associate Taylor J. Hills Prevails in the First Department

New associate Taylor J. Hills prevailed in the First Department on a coverage issue involving the application of defendant’s automobile insurance policy.  In Peter Pan Bus Lines v. The Hanover Insurance Co., the underlying plaintiff arrived at her destination on a Peter Pan bus and either tripped over a suitcase while approaching her own suitcase or tripped on the curb while looking for her suitcase.  Defendant Hanover issued an auto policy to our client, Peter Pan.  The lower court denied our motion for summary judgment seeking a declaration that Hanover was obligated to defend and indemnify Peter Pan on a primary, non-contributory basis in the underlying action.  The Appellate Division unanimously reversed holding that the underlying plaintiff’s accident resulted from Peter Pan’s use of the bus, a covered auto under defendant’s policy, regardless of whether she tripped over luggage or tripped on the curb looking for her luggage.