TOWER INSURANCE COMPANY OF NEW YORK v. HOSSAIN

16499N, 160273/13.

134 A.D.3d 644 (2015)

24 N.Y.S.3d 10

2015 NY Slip Op 09626

TOWER INSURANCE COMPANY OF NEW YORK, Appellant, v. MOHAMMED J. HOSSAIN, Defendant, and RUTHER SINGLETARY, Respondent.

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

Decided December 29, 2015.


The motion court correctly found that plaintiff established prima facie that it had no obligation to defend or indemnify defendant Hossain in the underlying personal injury action by showing, pursuant to an exclusion in his homeowners policy, that Hossain did not reside at the premises when the accident happened. As the court recognized, the affidavit by plaintiff's insurance investigator stating that Hossain admitted that he had not resided at the premises since November...

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