EX NOT LIABLE FOR EXPLOSION

In New Hampshire Ins. Co. v. Bartha, New Hampshire Insurance filed a case against Cordula Bartha and her daughters for damages incurred when Cordula's ex-husband destroyed their home.

Within a matrimonial action, a court determined that a townhouse was "martial property." Unhappy with that outcome, Cordula's ex-husband blew up the building and killed himself (and injured others) in the process.

When a claim was filed by a neighbor, New Hampshire Insurance sued Cordula, her daughters, and the ex-husband's estate. After the New York County Supreme Court denied the family's motion to dismiss the case, an appeal to the Appellate Division, First Department, followed.

Because she had been divorced, and none of the defendants lived with the decedent, the AD1 concluded that New Hampshire lacked a valid claim against Cordula or her two daughters. Nor did Cordula's 1/2 interest in the townhouse make her liable for her ex-husband's actions, particularly since she "neither maintained nor controlled the premises where an injury-causing event occurred."

Now that's an explosive result, wouldn't you agree?

To download a copy of the Appellate Division's decision, please use this link: New Hampshire Ins. Co. v. Bartha