Lane v. Security Mut. Ins. Co

In Lane v. Security Mut. Ins. Co. (96 NY2d 1, 747 NE2d 1270, 724 NYS2d 670 [2001]), the Court held that a fire insurance policy that excludes coverage for an intentional fire set by "an insured" violates Insurance Law 3404. In that case, the plaintiff insured's son, a stranger to the policy, damaged the insured premises by setting it on fire. The Court held that the insurer violated the Insurance Law by providing less coverage than the minimum level of coverage for fire insurance provided in the standard policy, because it disallowed coverage for a third party intentionally using fire to cause damage to the building.