SUPREME COURT : COUNTY OF CHAUTAUQUA

_____________________________________________

CAROLE A. BUCKLIN,

AS ADMINISTRATIX OF THE ESTATE OF

MELANIE R. BUCKLIN, DECEASED

Plaintiff,

VS INDEX #H-11198

STATE FARM INSURANCE COMPANY;

PRUDENTIAL PROPERTY AND CASUALTY

INSURANCE COMPANY; SCOTT A.

CRAWFORD AND DAVID A. CRAWFORD

Defendants.

_____________________________________________

ALLEN, LIPPES & SHONN

Attorneys for Plaintiff

BOUVIER, O'CONNOR

(Beth L. Hoffman, Esq.

of Counsel) for Defendant

State Farm Insurance Company

GROSSE, CHELUS, HERDZIK

(Arthur A. Herdzik, Esq.

of Counsel) for Defendant

Prudential Insurance Company

DAVIDSON & O'MARA

Attorneys for Defendants

Scott A. Crawford and

David A. Crawford

DECISION and ORDER

GERACE, J.

Decedent was injured in an auto collision between her

car and a 1988 Nissan driven by Scott Crawford. That car

was owned by Scott and his father, David, who had a

$100,000/$300,000 State Farm policy on another vehicle.

Defendant State Farm moves for a judgment pursuant to

CPLR 3001 and 3212 declaring that the policy covering

David Crawford does not apply and that the $50,000 under-

insured portion of a Prudential policy covering

plaintiff's vehicle does.

The State Farm policy provided coverage for "newly

acquired cars". The Nissan had been acquired by Scott

nine days before the accident, insured in his name but

titled to him and his father.

Defendant's motion is denied. David was an owner and

liable as such for the negligence of any operator of that

Nissan. He had a $100,000/$300,000 policy that provided

coverage for any newly acquired cars.

It is inconceivable that from the wording of the

policy he would not consider that he personally was

protected to the extent of the face amount of his $100,000

policy on his primary auto and any newly acquired vehicle.

A plain reading of the policy reflects that intent.

On Page 8 of the policy there is a reference to

"other liability coverage". Paragraph 1 is not applicable

since the other policy was not issued to David ("you").

Paragraph 2 provides that State Farm's share under David's

policy would be "the percent that the limit of liability

of this policy bears to the total of all vehicle liability

coverage applicable to the accident." All vehicle

coverage "applicable" to the accident includes Scott's

$50,000 policy, Prudential's $50,000, and David's

$100,000. Thus, State Farms share is $100,000.

Paragraph 4 states that "This coverage does not apply

if there is other vehicle liability coverage on a newly

acquired car." This exclusion would not apply to any

vehicle titled to David.

State Farm drafted the policy. Any ambiguity must be

resolved against the insurer. KENNEDY V VALLEY FORGE INS.

CO., 203 A.D.2d 930 612 NYS2d 712 (4th Dept) aff'd 84 NY2d

963, 621 NYS2d 512.

The Court declares that the $100,000/$300,000 policy

State Farm Insurance Company covering David Crawford

applies to this accident; State Farm must provide coverage

on behalf of Scott and David Crawford for the claim of

plaintiff Bucklin.

THIS IS THE DECISION AND ORDER OF THIS COURT. NO

FURTHER ORDER SHALL BE NECESSARY.

Dated: January , 1996

Mayville, New York

________________________________

JOSEPH GERACE

Supreme Court Justice

To all Counsel:

Please take notice that a DECISION and ORDER of

which the within is a copy, is duly granted in the above

entitled action on the day of , 1996, and

duly entered in the office of the Clerk of the County of

Chautauqua on the same date.