Sincerbeaux by Leonard v. Nationwide Mut. Fire Ins. Co.

• Decision Date: 15 July 1994
• Parties: Azenda SINCERBEAUX, an Infant, by Azenda LEONARD, Her Parent and Natural Guardian, and Azenda Leonard, Individually, Respondent, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

Page 836

614 N.Y.S.2d 836

206 A.D.2d 907

Azenda SINCERBEAUX, an Infant, by Azenda LEONARD, Her Parent and Natural Guardian, and Azenda Leonard, Individually, Respondent, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Appellant, et al., Defendants.

Supreme Court, Appellate Division, Fourth Department.

July 15, 1994.

Bond, Schoeneck and King by Robert Kirchner, Syracuse, for appellant.

Michaels and Bell, P.C. by Paul C. Campbell, Auburn, for respondent.

Before DENMAN, P.J., and GREEN, BALIO, WESLEY and DAVIS, JJ.

MEMORANDUM:

Supreme Court improperly granted plaintiff's motion for summary judgment in this action seeking a declaration that defendant insurer must provide liability coverage to defendants Terry Snow and T.J. Snow under Terry Snow's homeowner's policy. Plaintiff is a stranger to the homeowner's insurance policy and may not seek enforcement of the insurer's obligation under it (see, Hershberger v. Schwartz, 198 A.D.2d 859, 860, 604 N.Y.S.2d 428; see also, Clarendon Place Corp. v. Landmark Ins. Co., 182 A.D.2d 6, 587 N.Y.S.2d 311, appeal dismissed 80 N.Y.2d 918, 589 N.Y.S.2d 303, 602 N.E.2d 1119). Plaintiff's remedy is a direct action against the insurer in the event that a judgment is rendered against the Snows and the judgment remains unsatisfied 30 days after entry (see, Insurance Law § 3420[a][2]; Hershberger v. Schwartz, supra ).

Judgment unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed.