When a pedestrian is killed by a driver who either does not have auto insurance coverage or by someone who does not have enough auto insurance coverage, the family of the person who was killed can then file an insurance claim with the underwriter of the person who was killed on the basis of uninsured/under-insured motorist coverage.  However, most have thought that when an accident was instead an intentional act, the insurance company would not be liable for such claims.  That is no longer true in New York based on a ruling made by the Court of Appeals.

The case centers on a pedestrian who was killed when he was standing on 7th Avenue in 2002 and was purposely mowed down and killed by a driver who was on a crime spree.  The man's family filed a claim with his insurance carrier on the basis of uninsured/under-insured motorist coverage, but the insurance company denied liability because the death was a purposeful act.  The driver, Ronald Popadich, pleaded guilty to murder for the incident.  The family sued the insurance company and the lower court ruled in favor of State Farm Insurance.

However, the family appealed, and the case made its way through the legal system until it ultimately arrived at New York's highest court.  The court has ruled on the case and has reversed the original decision, deciding that insurance companies can and should be liable for claims filed under these circumstances.  The specific policy language used to support this decision was that the family was owed a settlement on the basis of uninsured/under-insured motorist, mandatory personal injury protection and death, dismemberment and loss of sight.

New York Wrongful Death Lawyers

The dissent in the case stated in general terms that it would now be a concern that the 'floodgates' would open to all sorts of litigation based on insurance claims that were denied based on purposeful acts.  However, the basic premise of the ruling by the majority was that there was no way that the person who was killed nor the family could have possibly known that this was going to happen, and that they were entitled to a recovery based on that factor along with others.

If you or someone you love has been harmed in a crash, you need to seek the help of New York personal injury lawyers who have been helping clients achieve positive results with insurance companies for 40 years.  Contact Fitzgerald & Fitzgerald today to schedule a free initial consultation.