Lane v. Security Mutual Insurance

Hayes and Pigott, Jr., JJ.

(dissenting). We respectfully dissent. In our view, the definition of “insured” under the general policy provisions of the contract should not be applied to expand the persons subject to exclusion from coverage for intentional acts committed by “an insured” under the principal property coverage of the policy. To define “insured” to mean “you and, if residents of your household, your relatives, and any other person under the age of 21 in your care or in the care of your resident relatives” violates two sections of the Insurance Law.

Section 3401 of the Insurance Law…