Penske Truck Leasing Co. v. Home Ins. Co

In Penske Truck Leasing Co. v. Home Ins. Co. (251 AD2d 478 [2d Dept 1998]) the policy provided coverage to entities that leased vehicles to lessee "where required by contract" (Penske, 251 AD2d at 479). The Second Department held that was a question as to whether an assignee of a truck lease was obligated to obtain insurance for the lessor as of the date of an accident, where an assignment and assumption agreement was not signed until a month after the accident (id.). The Court also held that there was a question of fact as to whether there was an oral contract between the lessor and lessee prior to the accident which obligated the lessee to obtain insurance (id.).