Eric Cragg, as Administrator of the Estate of Kayla Margaret Rose Cragg, Deceased, Appellant v. Allstate Indemnity…

Summary

The New York Court of Appeals held that Allstate's homeowner policy exclusion for "any benefit" does not bar coverage for the wrongful death claim of the noninsured plaintiff, because the term "benefit" refers to policy proceeds, not the right to defense or indemnification. The insurer failed to meet its burden of proving the exclusion applied, and the wrongful death claim was deemed based on the plaintiff's own loss, not a derivative claim. The appellate division's summary‑judgment ruling was reversed and the case remanded for further proceedings.