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SLAYKO v. SEC. MUT. INS. CO.

98 N.Y.2d 289 (2002)

774 N.E.2d 208

746 N.Y.S.2d 444

RYAN A. SLAYKO, Respondent, v. SECURITY MUTUAL INSURANCE COMPANY, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided July 2, 2002.

Attorney(s) appearing for the Case

Williamson, Clune & Stevens, Ithaca (John H. Hanrahan of counsel), for appellant.

Sassone & Brown, Norwood (Robert J. Sassone of counsel), for respondent.

Hugh W. Campbell, New York City, and Hancock & Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for New York State Trial Lawyers Association, amicus curiae.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Is the criminal activity exclusion in the homeowner's general liability insurance policy before us unenforceable as a matter of public policy? Unlike the Appellate Division, we conclude that the exclusion is enforceable.

Ryan Slayko and Joseph France were drinking alcoholic beverages and smoking marijuana one night in the cabin where France dwelt, on premises owned...

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