Lang v. Hanover Insurance

Appeal from an amended order of the Supreme Court (Mulvey, J.), entered January 7, 2003 in Tompkins County, which denied defendants’ motion to dismiss the complaint.

In April 2000, plaintiff suffered serious injuries when he was struck in the eye by a “paintball” fired by Richard Bachman. At the time, Bachman was living in the home of defendants John Durbin and Beth Durbin. The Durbins’ homeowner’s insurance carrier, defendant Hanover Insurance Company, *1124disclaimed coverage for the accident on the ground that Bach-man was not an insured under the terms of its policy with the Durbins. Plaintiff…