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.