Lane v. Security Mutual Insurance

—Order insofar as appealed from reversed on the law without costs and motion denied. Memorandum: In March 1997 plaintiffs home was destroyed by fire. Defendant insurer disclaimed coverage under plaintiffs homeowner’s policy because the fire was allegedly set by plaintiffs 17-year-old son. Plaintiff commenced this action seeking declaratory relief and damages.

Supreme Court erred in granting plaintiffs motion for partial summary judgment on the first cause of action and declaring that the loss is covered under the policy. The policy is a contract (see, Reed v Federal Ins. Co., 71 NY2d 581,…