From the eyes of the insured has its limitsDecember 25, 2014
Nationwide Gen. Ins. Co. v Pontoon, 2014 NY Slip Op 09001 (2d Dept. 2014)
“The referee incorrectly concluded that GEICO was required to submit evidence that Pontoon was involved in staging the collision in order to support a disclaimer of coverage. Contrary to the referee’s conclusion, if GEICO can prove that the collision was staged by Robinson, its insured, it would not be obligated to provide coverage under the policy regardless of whether Pontoon was an innocent third party (see Matter of Travelers Indem. Co. v Richards-Campbell, 73 AD3d 1076, 1077; Matter of Government Empls. Ins. Co. v Shaulskaya, 302 AD2d 522, 523; Morris v Allstate Ins. Co., 261 AD2d 457, 458; see also Matter of Liberty Mut. Ins. Co. v Goddard, 29 AD3d 698, 699; State Farm Mut. Auto Ins. Co. v Laguerre, 305 AD2d 490, 491)”
Perhaps we can call this the staged accident exception to Langan. I think this is wrong since under Langan, an intentional act is looked at through the perspective of the Claimant. Here, Pontoon said he had nothing to do with the staged accident. Under Langan, it would appear that Claimant would be entitled to a framed issue hearing to protest his innocence. Yet, the Court here is saying that where there is evidence of a staged accident scheme, anyone seeking coverage is barred (regardless of whether they were aware of it). All I can say is wow.