31 A.D.2d 689 | N.Y. App. Div. | 1968
Appeal by the defendant insurance company from an order of the Supreme Court at Special Term, which granted plaintiff’s motion for summary judgment, and from the judgment entered thereon. The relevant facts are undisputed. The plaintiff resided in his dwelling house at Clifton Park and also owned a camp at Schroon River. Between October 3, 1966 and October 15, 1966 personal property having a value of $810 was stolen from the camp. The plaintiff was the policyholder of a so-called “ homeowners policy ” issued by the appellant which, among other things, insured against the loss of personal property. The appellant insurance company disclaimed coverage under the policy on the grounds that the insured was not “residing temporarily” in the camp at the time of the theft. The relevant provisions of the policy are: “property and interests covered * * * Coverage C — Personal Property on the Premises: All personal property owned, worn or used by the Named Insured and members of the Named Insured’s family of the same household. This coverage applies only while such property is located on the premises of the described dwelling. * * * Coverage D — Personal Property Away From the Premises: Property covered under Coverage C * * * while elsewhere than on the premises of the described dwelling, anywhere in the world.” “limitations of coverage Under Coverage C or D this Company shall not be liable: (a) for loss by theft in or to any other dwelling, or property on the premises thereof, owned or rented by the Insured or a member of his family residing with him, except when in actual use as his or their temporary residence ”. (Emphasis added.) To recapitulate, the plaintiff owns two dwellings, one of which is designated as the “ described dwelling ” and the other of which is not described in the policy, but simply referred to for purposes of personal liability insurance. As to the per