In Braun v. One Beacon Insurance Co ., Isidore Braun wanted a court to find that One Beacon was obligated to indemnify and defend him in another lawsuit which involved his wife as a party.
While driving a Ford, Annette Braun hit Joseph Perl, a pedestrian.
Annette's insurance policy was held by American Home Insurance Company (AHIC). One Beacon had issued an insurance policy to Annette's husband, Isidore, for a Plymouth.
When Perl's attorney contacted One Beacon requesting coverage information, the company disclaimed liability since Isidore wasn't involved in the accident. One Beacon clarified its position by advising Perl's attorney that Annette's insurance policy was held by AHIC.
Perl's lawyer was displeased with the limits of AHIC's policy and, in August 2004, notified One Beacon he would be seeking excess coverage from the latter. Once again, One Beacon disclaimed coverage since the Ford wasn't covered by Isidore's policy.
The Brauns filed suit in Kings County Supreme Court alleging One Beacon was obligated to defend and indemnify them against Perl's claims. When the Supreme Court dismissed their case, the Brauns appealed to the Appellate Division, Second Department.
Since One Beacon didn't cover the Ford -- the car involved in the accident -- there was no obligation to defend or indemnify Annette Braun.
Perl's luster certainly diminished after that outcome.
To download a copy of the Appellate Division's decision, please use this link: Braun v. One Beacon Insurance Co