In Phoenix Ins. Co. v. Stamell, the Appellate Division, Fourth Department addressed a novel issue regarding whether a student living in a residence hall is considered a co-insured under her dormitory residence hall’s fire insurance policy.  The Fourth Department held that the student was not an express or implied co-insured under the policy, thereby allowing the dormitory’s insurer to successfully pursue a subrogation action against the student.  The student did not deny that she had negligently fallen asleep while leaving a candle burning in her dorm room; her negligence caused extensive fire damage to her room and other rooms.

Thank you to my colleague Dan Gerber for bringing this case to my attention.