RKT Wins Framed Issue Hearing Coverage Found on Stolen Vehicle     

RKT Attorney David Gould defeated GEICO at a Framed Issue Hearing before Justice Dominic R. Massaro in the Supreme Court Bronx County on October 6, 2008, NYCM v. Elesaia Fullerton, GEICO, and Hysen Prengjoni, Index Number 260174/2008.

On November 4, 2007, RKT's client Hysen Prengjoni, insured by GEICO, briefly went inside his apartment in the Bronx to drop off some food. He left the ignition in his car running with the doors unlocked. A few minutes later the car was taken by persons unknown to Prengjoni without his permission. The operator of the vehicle then struck the vehicle owned by Elesaia Fullerton, who then fled the scene of the accident. Fullerton was able to obtain the license plate number to the car and subsequently reported the accident to the police. At the same time Prengjoni simultaneously reported to the police that the very same car had been stolen.

GEICO disclaimed coverage claiming that the vehicle was stolen. Fullerton then filed an uninsured motorist claim with NYCM, her carrier. RKT's client, NYCM, petitioned to stay the arbitration claiming that GEICO was liable for the "thief’s" negligence as VTL §1210(a) imposes a statutory duty to lock the ignition and to remove the key when leaving the car unattended.

The Court granted NYCM’s petition for a permanent stay of arbitration holding that GEICO is obligated to provide coverage for the "thief’s" negligence as Prengjoni was negligent when he left the car unattended by failing to lock the ignition and remove the keys from the car.