METRO INS. CO. v. PULIDO


271 A.D.2d 57 (2000)

710 N.Y.S.2d 375

METROPOLITAN PROPERTY & CASUALTY INSURANCE COMPANY, Respondent, v. CLARA PULIDO, Defendant, and JOHN B. PERDUE et al., Appellants.

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

June 26, 2000.


Attorney(s) appearing for the Case

Wallace & Witty, P. C., Brentwood (Peter Graff of counsel), for appellants.

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick, Cheryl F. Korman and Jack D. Jordan of counsel), for respondent.

RITTER, J. P., SANTUCCI, THOMPSON and McGINITY, JJ., concur.


OPINION OF THE COURT

Per Curiam.

In this case we are asked to determine whether an insurer is obligated to defend and indemnify an insured under a homeowner's policy where the insured is not a resident of the insured premises. Under the facts of this case, we conclude that the policy at issue did not provide such coverage.

In February 1996, the plaintiff, Metropolitan Property & Casualty Insurance Company (hereinafter Met), issued a homeowners...

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