Kohl v American Tr. Ins. Co., 15 NY3d 763 (2010)

2010 NY Slip Op 05707 [15 NY3d 763]
July 1, 2010
Court of Appeals

[*1]

In the Matter of Kristopher Kohl, Appellant,
v
American Transit Insurance Company, Respondent.

Argued June 3, 2010; decided July 1, 2010

Kohl v American Tr. Ins. Co., 59 AD3d 681, affirmed.

{**15 NY3d at 763} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed with costs.{**15 NY3d at 764}

Kristopher Kohl, a passenger in a taxicab, was sued by a bicyclist who claimed that he was injured when Kohl opened the taxi’s door. The Appellate Division correctly held that Kohl was not insured under the taxi owner’s policy of automobile liability insurance. The policy says that it “shall inure to the benefit of any person legally operating” the insured vehicle in the [*2]business of the insured. The word “operating” cannot be stretched to include a passenger’s riding in the car or opening the door.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Order affirmed, with costs, in a memorandum.