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LANE v. SECURITY MUT. INS. CO.

96 N.Y.2d 1 (2001)

747 N.E.2d 1270

724 N.Y.S.2d 670

JORETTA K. LANE, Appellant, v. SECURITY MUTUAL INSURANCE COMPANY, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Duke, Holzman, Yaeger & Photiadis, L. L. P., Buffalo (Peter G. Ruppar of counsel), for appellant.

Williamson, Clune & Stevens, Ithaca (John H. Hanrahan, III, and Robert J. Clune of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

SMITH, J.

The issue on appeal is whether a fire insurance policy that excludes coverage for the intentional fire set by "an insured" violates Insurance Law § 3404 when applied to exclude coverage to an innocent insured. We conclude that it does.

Defendant issued plaintiff a homeowner's insurance policy that provided coverage against loss by fire. The policy excluded coverage...

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