New York Court of Appeals

Linda A. Fitzpatrick

May 7, 199178 N.Y.2d 61

Summary

The New York Court of Appeals held that a liability insurer must defend its insured when the insurer has actual knowledge that the lawsuit involves a covered occurrence, even if the complaint’s allegations do not themselves state a covered claim. The Court reversed the Appellate Division’s dismissal of the insured’s third‑party claim and denied the insurer’s motion to dismiss.