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\\n Mutual Fire Insurance Company (New York Central) is obligated to \\nprovide plaintiff with coverage, defense, and indemnification for an \\nAugust 29, 2021 car accident where he negligently injured his wife. New \\nYork Central moved for an order granting summary judgment dismissing \\nplaintiff\'s complaint and for a declaratory judgment declaring that it \\nis not obligated to provide plaintiff with a defense or indemnification \\nfor the motor vehicle accident that is alleged to have occurred onAugust\\n 29, 2021, as no Supplemental Spousal Liability coverage exists for this\\n claim.\\n\\nIn Eric Levy v. New York Central Mutual Fire Insurance Company, Index \\nNo. 66227/2021, 2023 NY Slip Op 23183, the New York Court found in favor\\n of the insurer.\\n\\nFACTUAL AND RELEVANT PROCEDURAL BACKGROUND\\n\\nOn August 29, 2021, while driving his car, plaintiff accidentally struck\\n his wife Lisa Grauer (Grauer), and Grauer allegedly suffered serious \\nincluding a fracture. At the time of the accident, plaintiff had an \\nactive motor-vehicle insurance policy through New York Central with \\nbodily-injury liability limits of $250,000.00 per person injured. Grauer\\n filed a claim against plaintiff to New York Central, alleging that she \\nwas injured as a result of plaintiff\'s negligence.\\n\\nPlaintiff alleged that New York Central is liable for breach of contract\\n in the amount of $250,000.00 for failing to provide plaintiff with \\ncoverage, a defense and indemnification. Plaintiff moved for summary \\njudgment on his amended complaint and is requesting a declaratory \\njudgment, as set forth in the first cause of action. Plaintiff submitted\\n an affidavit, describing the events that transpired and alleges that he\\n was not provided with proper notice of SSL coverage.\\n\\nNew York Central avered that no SLL coverage exists for plaintiff\'s \\npolicy, that it did comply with all notification requirements, and that \\nplaintiff declined to purchase SLL coverage. New York Central issued a \\nrevised renewal policy adding an additional vehicle and included an SSL \\nendorsement. The additional premium for the SSL coverage was $78.00 and \\nplaintiff declined to purchase it.\\n\\nSupplemental spousal liability insurance provides bodily injury \\nliability coverage under a motor vehicle insurance policy to cover the \\nliability of an insured spouse because of the death of or injury to his \\nor her spouse, even where the injured spouse must prove the culpable \\nconduct of the insured spouse.\\n\\nDISCUSSION\\n\\nInsurance Law \\xa7 3420 (g) was amended by Chapter 584 of the Laws of 2002,\\n to require insurance carriers to offer their insureds supplemental \\nspousal liability (SSL) insurance for an additional premium.\\n\\nSince Plaintiff declined to purchase the SLL an insurer is not required \\nto provide insurance coverage for injuries sustained by an insured\'s \\nspouse.\\n\\nIt was undisputed that plaintiff did receive notification of the \\navailability of the supplementary spousal liability insurance, and he \\nrefused to pay the extra $78 premium.\\n\\nAccordingly, it was ordered that plaintiff Eric Levy\'s motion was denied\\n it its entirety. New York Central Mutual Fire Insurance Company\'s cross\\n motion for an order granting summary judgment dismissing plaintiff\'s \\ncomplaint and for a declaratory judgment, is granted; and it was further\\n ordered that defendant New York Central, because, as no Supplemental \\nSpousal Liability coverage existed; and it was further ordered that the \\ncase was dismissed, and the Clerk was directed to enter judgment \\naccordingly.\\n\\nZALMA OPINION\\n\\nInsurers do not like, because of the potential for fraud, to insure \\nagainst injury to a family member of the insured. New York passed a law \\nrequiring insurers to provide coverage for injury caused to a spouse as \\nlong as the insured pays an additional premium. Mr. Levy refused to pay \\nthe extra $78 and, by so doing, refused the coverage that only after the\\n accident he wanted. No luck since he got the offer and the charge and \\nrefused it.\\n\\n\\n