Mountain Valley Indemnity Co. v. Hylton

MCWG Decisions, 2020

Mountain Valley Indemnity Co. v. Hylton, 2020 NY Slip Op 34347(U) (N.Y. Sup. Ct. Dec. 1, 2020)

This case involved an insurance coverage dispute arising out of an underlying action for personal injuries allegedly sustained by the claimant when she tripped and fell on the exterior stairs of a premises owned by Petronia Hylton and insured under a homeowner's policy issued by Mountain Valley Indemnity Company.

Mountain Valley initially agreed to defend Hylton based on her representation that she resided at the premises at the time of the accident, as required by the policy. However, Hylton later testified that she did not reside at the premises at the time of the accident, and had resided at a different address-the address designated on her driver's license-for the past 20 years. Based on this testimony, Mountain Valley disclaimed coverage because the premises did not qualify as a "residence premises."