Dauria v. Castle Point Ins. Co

In Dauria v. Castle Point Ins. Co. (104 AD3d 406 [1st Dept 2013]), the First Department held that the subject premises was a three family dwelling and did not fit within the policy definition of a covered "residence premises," which, in that case, was limited to a two family dwelling where the named insured resided in at least one of the two family units. The Court explained, "the premises is a three-family dwelling because of its structural configuration, i.e., three separate units, each with its own kitchen, bathroom and separate entrance" (id.).