"Residence Premises" Exclusion Disqualifies Coverage – Mountain Valley Indemnity Co. v. Hylton

Mountain Valley Indemnity Co. v. Hylton et al., 2020 NY Slip Op 34347(U) (Sup. Ct. NY Co. 2020), aff'd 154 N.Y.S.3d 763 (Mem)2021 N.Y. Slip Op. 06768 (1st Dept. Dec. 2, 2021).

This is an update to the lower court decision which was reported last year and has since been appealed and affirmed.

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

In the coverage ligation, Mountain Valley moved for summary judgment based on Hylton's sworn deposition that she did not reside at the insured premises at the time of the claimant's accident, and therefore, the location does not qualify as "residence premises." In opposition to the motion, Hylton submitted an affidavit proffering two arguments. First, Hylton argued