YANKELEVITZ v. ROYAL GLOBE INS. CO.


59 N.Y.2d 928 (1983)

Samuel Yankelevitz, Appellant, v. Royal Globe Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided June 28, 1983.


Attorney(s) appearing for the Case

Howard I. Rhine, Darryl J. Kramer and Lowry Wyman for appellant.

Joseph D. Ahearn, Michael Majewski and Salvatore A. Mazzoni for respondents.

Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We perceive no constitutional infirmity in the provision of subdivision 3 of section 167 of the Insurance Law, which operates to exclude coverage for liability of the insured for personal injury or property damage claims by the insured's spouse where the culpable conduct of the insured is in issue, unless the policy expressly declares...

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