Peka, Inc. v. Kaye

This is a motion by the underwriters doing business as Lloyd’s of London, Ltd. (herein referred to as Lloyd’s) to dismiss pursuant to rule 106 a third-party complaint as insufficient in law. The motion is directly based on subdivision 3 of section 167 of the Insurance Law, excluding from insurance coverage “ any liability of an assured because of death of or injuries to his or her spouse * * * unless express provision relating specifically thereto is included in the policy ”.

Since 1937, when this enactment went into effect simultaneously with the amendment of section 57 of the Domestic…