ALBANY – An insured pedestrian who was struck and fatally injured by a motorist who intentionally drove the car onto a crowded sidewalk was eligible for benefits under his own automobile insurance policy, a divided state Court of Appeals said yesterday.
The 5-2 Court said its decision was in keeping with rulings in Iowa, Montana and New Jersey, among other states, that have permitted innocent insureds to recover under the uninsured/underinsursed motorist (UM) endorsements of their policies even when they have been injured by the intentional acts of others.
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