Aetna Casualty & Surety Co. v. Kline

MEMORANDUM AND ORDER

DITTER, District Judge.

The ultimate issue in this declaratory judgment action is whether an insurance *112company must provide to the operator of an automobile the cost of defense in an underlying state action brought to recover damages for injuries he allegedly caused. The immediate issue is whether the insurance company should provide that operator with an attorney to represent him in the declaratory judgment action itself. I conclude that it must.

Plaintiff Aetna Casualty & Surety Company issued a business automobile insurance policy to defendants G & M Enterprises, Inc.,…