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Insurer is relieved of coverage after motorcyclist sustained injuries while performing wheelies

Nationwide Agribusiness Insurance Company v. Angel Rojas, et. al.

Index No. 607259/2017

Supreme Court: New York – Nassau County

In an action involving injures sustained by a motorcyclist allegedly struck by a Nationwide insured vehicle, Allan S. Hollander and Christopher J. Volpe were successful in obtaining a decision relieving Nationwide of its policy obligations. The action arose from an incident involving an individual performing wheelies on a motorcycle who lost control. After the motorcycle slid out from under the cyclist, the motorcycle skidded across the intersection and slid under a Range Rover driven by the Nationwide insured. The motorcyclist claimed the Range Rover struck him thereby causing him to lose control and fall off the motorcycle. Christopher conducted examinations under oath of both the Nationwide insured and the motorcyclist. Based upon the testimony elicited, Nationwide denied the motorcyclist’s claims determining the injuries did not arise out of the “use or operation” of the insured vehicle. To validate its denial of coverage, Allan commenced a declaratory judgment action on behalf of Nationwide. The Supreme Court, Nassau County, found Nationwide presented sufficient evidence to determine the injuries sustained by the motorcyclist did not arise out of the “use or operation” of the insured vehicle.

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