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CRAGG v. ALLSTATE INDEM.

No. 118.

17 N.Y.3d 118 (2011)

2011 NY Slip Op 4767

950 N.E.2d 500

926 N.Y.S.2d 867

ERIC CRAGG, as Administrator of the Estate of KAYLA MARGARET ROSE CRAGG, Deceased, Appellant, v. ALLSTATE INDEMNITY CORPORATION, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided June 9, 2011.

Attorney(s) appearing for the Case

Magavern Magavern Grimm LLP, Buffalo (Edward J. Markarian of counsel), and Law Office of John J. Fromen (John J. Fromen, Jr., of counsel) for appellant.

Goldberg Segalla LLP, Buffalo (Patrick B. Omilian and Sharon Angelino of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal requires us to interpret the breadth of an exclusion in a homeowner's insurance policy excluding coverage for bodily injury to an insured where an insured would receive "any benefit" under the policy.

Plaintiff, Eric Cragg, is the father of decedent, Kayla Margaret Rose Cragg. Three-year-old Kayla and her mother, defendant Marina Ward, lived with defendant grandparents, Gregory and Katherine Klein...

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