Integon Natl. Ins. Co. v. Zhong Shen Lin

Summary

The Appellate Division, First Department, affirmed an order granting summary judgment to Integon National Insurance Company and declaring that it had no duty to defend or indemnify in an underlying personal injury action. The court held that the policy was void from inception because it was issued to a deceased person who did not qualify as an insured and whose premises did not constitute covered residence or insured premises; further discovery and a disclaimer were unnecessary.

Holdings

1. Integon established prima facie entitlement to summary judgment because the policy was issued to a deceased person who did not meet the policy definition of an insured and the premises did not qualify as a residence premises or insured location. The policy therefore provided no coverage, and Integon had no duty to defend or indemnify.
2. Further discovery was not warranted because the policy language and submitted affidavit established the absence of coverage as a matter of law.
3. No disclaimer was necessary because coverage was void from the outset rather than excluded under an otherwise operative policy.

Questions Presented

1. Whether Integon was entitled to summary judgment declaring that it had no duty to defend or indemnify because the policy was issued to a person who was already deceased.
2. Whether further discovery was warranted before resolving the coverage dispute.
3. Whether a disclaimer was required where coverage was void from the outset.

Disposition

affirmed