BLACK v. ALLSTATE INSURANCE COMPANY


274 A.D.2d 346 (2000)

711 N.Y.S.2d 15

ROBERT S. BLACK, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant, and MIRNA G. POWELL, Respondent.

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

Decided July 27, 2000.


Mrs. Powell was the driver of a car insured by Allstate when it was struck by a stolen car which was being pursued by the Mount Vernon police. Her husband was killed, she suffered severe and permanent brain damage rendering her incompetent, and their son was seriously injured.

Insurance Law § 3420 (g) specifically excludes insurance coverage against any liability of an insured "because of death of or injuries to his or her spouse * * * unless express provision...

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