Cragg v. Allstate Indemnity Corp.

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Plaintiff, the father of decedent, commenced an action seeking to recover from defendants, decedent's grandparents, for decedent's wrongful death and for her conscious pain and suffering where she accidentally drowned in defendants' pool. At issue was an exclusion in defendants' homeowner's insurance policy excluding coverage for bodily injury to an insured where an insured would receive "any benefit" under the policy. The court held that judgment should have been granted in plaintiff's favor where the exclusion did not operate to bar coverage for the noninsured plaintiff's wrongful death claim for the death of the insured decedent. Accordingly, the court reversed the Appellate Division's judgment and remanded for further proceedings.