Jonathan A. Dachs 'You Must Remember This': A Wave May Not Be 'Just a Wave'
In this edition of his Insurance Law column, Jonathan A. Dachs examines the recent appellate decision in 'Nationwide Mutual Ins. Co. v. Oster', which appears to have expanded the meaning and breadth of the phrase "use or operation" beyond all prior limitations.
October 07, 2021 at 12:00 PM
19 minute read
An issue that frequently arises in the context of insurance coverage cases involves the definition and application of the phrase "use or operation"—a phrase that appears in several statutes pertaining to motor vehicles,[1] as well as in many insurance policies—most notably, the coverage sections of automobile liability insurance policies, and the exclusionary provisions of homeowners' policies.[2] The recent appellate decision in Nationwide Mutual Ins. Co. v. Oster, 193 A.D.3d 951 (2d Dept. April 21, 2021), has brought this issue into focus once again, this time appearing to expand the meaning and breadth of the phrase beyond all prior limitations.
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