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COMMERCIAL MUTUAL INSURANCE COMPANY v. WAGSCHALL

256 A.D.2d 300 (1998)

681 N.Y.S.2d 317

COMMERCIAL MUTUAL INSURANCE COMPANY, Respondent, v. BAILA WAGSCHALL, an Infant, by Her Father and Natural Guardian, HERMAN WAGSCHALL, et al., Appellants.

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

Decided December 7, 1998.

Ordered that the judgment is affirmed, with costs.

The plaintiff, Commercial Mutual Insurance Company, issued a homeowners policy to Samuel Chaim Wagschall and Freida Wagshall for their residence (hereinafter the premises). Under the terms of that policy, coverage did not apply to liability for bodily injury sustained by the residents of their household who are relatives. In 1990 Herman Wagschall and Baila Wagschall (Samuel and Freida's son and granddaughter, respectively...

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