The New York Department of Insurance recently addressed the following question in this formal opinion: May an excess line or other insurer in an insurance policy exclude coverage for loss or damage resulting from criminal acts, such as arson, committed by the employees of the insured, with respect to the peril of fire?  The Department held that an excess line or other insurer in an insurance policy could not do so, explaining the minimum provisions afforded in an insurance policy for the peril of fire under Insurance Law sec. 3404.