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D'Amico v. Pennsylvania Millers Mutual Insurance

52 N.Y.2d 1000 Court N.Y. Decision date 1981-02-19 English

Contents

Majority

p. 1000
Natalie D’Amico, as Administrator of the Estate of Stephen D’Amico, Deceased, Appellant, v Pennsylvania Millers Mutual Insurance Company, Respondent, and General Accident Fire & Life Assurance Corp., Ltd., Appellant.
Argued January 6, 1981;
decided February 19, 1981
p. 1001
APPEARANCES OF COUNSEL
Melvin D. Freidel for Natalie D’Amico, as administrator of the estate of Stephen D’Amico, deceased, appellant.
Kevin J. Murtagh and James M. O’Brien for General Accident Fire & Life Assurance Corp., Ltd., appellant.
Louis J. Castellano, Jr., for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs to Pennsylvania Millers Mutual Insurance Company.

The homeowner’s policy issued by Pennsylvania Millers Mutual Insurance Company, by its express terms, would cover Dennis Traína as an insured only if he were a resident of his parents’ household. Since the only evidence submitted by the parties establishes that Dennis did not actually reside in his parents’ household at the relevant time, summary judgment was properly granted.

p. 1002
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed, etc.