United States Fire Insurance v. Cruz

The action is for declaratory judgment. The issue is whether or not the female in the case is a spouse within the meaning of subdivision 3 of section 167 of the Insurance Law which reads: “No policy or contract shall be deemed to insure against any liability of an insured because of death of or injuries to his or her spouse ® ® * unless express provision relating specifically thereto is included in the policy.” This provision was originally enacted as subdivision 3 of section 109 of the Insurance Law, at the same time as the amendment of section 57 of the Domestic Relations Law (L. 1937, ch.…