J. Lawrence Constr. Corp. v Republic Franklin Ins. Co., 2016 NY Slip Op 08349 (2d Dept. 2016)
(1) “A person remains an occupant of a vehicle, even if that person is not in physical contact with the vehicle, “provided there has been no severance of connection with it, his [or her] departure is brief and he [or she] is still vehicle-oriented with the same vehicle”
(2) “A connection to a vehicle will be severed “upon alighting therefrom to perform a chore which was not vehicle-oriented”
(3) “Moreover, there has to be “[m]ore than a mere intent to occupy a vehicle . . . to alter the status of pedestrian to one of occupying’ it”
(4) “[T]he evidence Republic submitted demonstrated that Bosco left the insured vehicle and walked across the street to go to his office on the second floor of the building, to retrieve documents. Thus, Bosco’s leaving the insured vehicle was not a temporary break in his journey such that he remained in the immediate vicinity of the insured vehicle”
When does someone go from occupying to pedestrian? Always such an interesting question. This is the most perverse coverage question I have been asked in my years of no-fault.
