Appellate Division of the Supreme Court of the State of New York March 9, 2000 (City of Amsterdam v. Lam)

—Peters, J.

Appeal from an order of the Supreme Court (Best, J.), entered December 23, 1998 in Montgomery County, which granted defendant Cigna Insurance Company’s motion for summary judgment dismissing the complaint against it.

In this case of first impression, a municipality seeks to hold an insurance company liable for “inducing arson” by overinsuring property.