Jack Goldberg, Appellant v. Lumber Mutual Casualty Insurance Company of New York, Respondent

Summary

The New York Court of Appeals held that the insurer was obligated to defend the insured once the complaint alleged facts within the policy coverage, regardless of the truth of those allegations, and that the insurer's refusal to defend breached the policy, entitling the insured to recover defense costs. Accordingly, the Court reversed the lower courts and granted the insured’s motion for summary judgment.