New York Court of Appeals
Ruder & Finn Incorporated, Appellant-Respondent v. Seaboard Surety Company
May 12, 198152 N.Y.2d 663
Summary
The New York Court of Appeals affirmed the Appellate Division’s order that Seaboard Surety must defend Ruder & Finn in the federal action but not in the subsequent state action. The Court held that the insurer’s duty to defend is triggered when the complaint alleges product disparagement (defamation) within the policy, regardless of the claim’s strength, and that the unfair competition provision does not extend to the state suit’s allegations. The decision rested on established principles of insurance contract construction and the limited scope of unfair competition.