Legal Opinion
Slayko v. Security Mutual Insurance
New York Court of Appeals
Decided July 2, 2002PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Is the criminal activity exclusion in the homeowner’s general liability insurance policy before us unenforceable as a matter of public policy? Unlike the Appellate Division, we conclude that the exclusion is enforceable.
Ryan Slayko and Joseph France were drinking alcoholic beverages and smoking marijuana one night in the cabin where France dwelt, on premises owned by France’s grandmother. France picked up a shotgun, pointed it at Slayko and pulled the trigger, believing the gun to be unloaded. The gun did not discharge, and Slayko exclaimed “What are you…
2Cases cited20 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Atwater Creamery Co. v. Western National Mutual Insurance Co.Supreme Court of Minnesota · 1985
- Allstate Insurance v. MugaveroNew York Court of Appeals · 1992
- Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981
- Miller v. Continental InsuranceNew York Court of Appeals · 1976
15 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Bailey v. Lincoln General Insurance Co.Supreme Court of Colorado · 2011
- J.P. Morgan Securities Inc. v. Vigilant InsuranceNew York Court of Appeals · 2013
- General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004
- In Re September 11th Liability Insurance Coverage CasesDistrict Court, S.D. New York · 2004
- Progressive Northern Insurance v. RaffertyAppellate Division of the Supreme Court of the State of New York · 2005
37 more not listed; retrieve them via the Exa API.