GOVERNMENT EMPLOYEES INSURANCE COMPANY v. PAOLICELLI


303 A.D.2d 633 (2003)

756 N.Y.S.2d 653

GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant, v. JAMES PAOLICELLI et al., Respondents, et al., Defendants.

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

Decided March 24, 2003.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the plaintiff is not obligated to defend and indemnify the defendant James Paolicelli in the underlying action.

The standard for determining residency for purposes of insurance coverage "requires something more than temporary or physical presence and requires at least some degree of permanence and intention...

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