McConnell v. Fireman's Fund American Ins. Co

In McConnell v. Fireman's Fund American Ins. Co. , 49 A.D.2d 676, (4th Dep't 1975) the Court reasoned that the "authority broadly interprets the phrase "use or operation" of a motor vehicle In McConnell, a parked vehicle located in front of an insured owner's residence, on a public street, was determined not to have been "used" as a motor vehicle within the meaning of the statute. (Id. at 677.) The McConnell court further reasoned that the "determination predicate in establishing liability therefrom would appear to be the designed purpose of the use or activity of the involved motor vehicle which is the proximate cause of the injury or damage sustained." (Id.)