Logan v. Exchange Mutual Insurance

Order and judgment unanimously reversed, on the law, *887with costs, defendant’s motion for summary judgment dismissing the complaint denied, and judgment granted to plaintiff insured in accordance with the following memorandum: Since Dole v. Dow Chem. Co. (30 N Y 2d 143) the courts are required to take a new look at the traditional holding that under subdivision 3 of section 167 of the Insurance Law, originally enacted in 1937, an insurance company may not be required to defend or pay a claim in negligence by a person against her spouse unless the insurance policy has a special indorsement…