Ohio Cas. Ins. Co. v. Continental Ins. Co – Case Brief Summary (New York)

In Ohio Cas. Ins. Co. v. Continental Ins. Co., 101 Misc 2d 452, 421 NYS2d 317 (Sup Ct, Erie County 1979), the court addressed the issue of coverage for a nonresident who sustained personal injury as bus passenger while traveling in New York.

The court found that the primary insurer of no-fault benefits was the insurer of the vehicle in which the injured party was traveling.

The court's rationale was that "the insurance coverage in this statute is designed to follow the vehicle rather than the injured party" (id. at 455).