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MATTER OF STATE FARM MUT. INS. CO. v. LEONARDO

166 A.D.2d 601 (1990)

In the Matter of State Farm Mutual Insurance Company, Respondent, v. Antonio Leonardo, as Administrator of The Estate of Joao Leonardo, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1990

Ordered that the judgment is affirmed, with costs.

The Supreme Court did not err in concluding that the claimant's decedent was not a resident of the insured's household at the time of the accident and therefore did not fall within the definition of an "insured" under the terms of the policy issued by the petitioner. The claimant's decedent was a citizen of Portugal who was visiting his daughter, the insured, as well as...

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