Integon Nat’l Ins. Co. v. Chen, 2019 WL 462854, 2019 N.Y. Slip Op. 30286(U) (New York Co. Sup. Ct. Feb 6, 2019)
This case involved a third-party liability insurance dispute in which the insureds argued they were entitled to defense and indemnity under their policy for a claim involving the accidental death of a tenant’s son. Integon National Insurance Company disclaimed coverage and commenced a declaratory judgment action.
The policy provided liability coverage for occurrences at the “residence premises,” which was a dwelling where the insured resided. Chen, the insured, admitted in a written statement following the accident that he did not reside in the dwelling where the accident occurred, but claimed that he intended to live there when he purchased the dwelling a year before the loss. It was only when his building permit to add another floor was denied that he changed his mind and rented the dwelling.
The court held that Integon established that the dwelling was not an insured location and therefore was not required to defend or indemnify the insured. The court also dismissed Chen’s counterclaims.