What happens if a husband, acting without the knowledge or consent of his wife, sets fire to his own house to collect the fire insurance proceeds, and the insurance policy lists both the husband and wife as “insureds”? Under New York law, must the insurance company pay the claim to the innocent co-insured? Yes: New York has adopted the innocent co-insured doctrine, allowing recovery by the innocent spouse or other co-insured family member. But what happens if the “insured” is a corporation and a corporate agent intentionally destroys the insured property? Can the corporation recover?
What happens if the “insured” is a partnership? These questions have not been firmly resolved under New York law, despite the recent decision of the U.S. District Court for the Western District of New York in Allegany Co-op Ins. Co. v. Dimora, 09 cv 626A, (WDNY Nov. 9, 2009), which directly addressed the partnership issue.
Three Rules
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