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MARONEY v. NY CENT. MUT. FIRE

5 N.Y.3d 467 (2005)

839 N.E.2d 886

805 N.Y.S.2d 533

MARSHA MARONEY, Individually and as Parent and Natural Guardian of MARK MARONEY, an Infant, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 27, 2005.

Attorney(s) appearing for the Case

Powers & Santola, LLP, Albany (Michael J. Hutter of counsel), for appellant.

Flink Smith LLC, Latham (Jeffrey D. Wait and Edward B. Flink of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, GRAFFEO, READ and R.S. SMITH concur with Judge CIPARICK; Judge ROSENBLATT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

The issue presented by this appeal is the meaning of the words "arising out of" in an "uninsured premises" exclusion contained in a homeowners insurance policy. Here we hold that "arising out of" includes use of the premises (as urged by the insurer), and is not limited to the physical condition of the premises (as urged by the insured).

On June 19, 1997, a horse being...

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