Penn Aluminum, Inc. v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment modified in accordance with memorandum and, as modified, affirmed, without costs. Memorandum: Special Term properly held that Aetna owes a duty to defend Penn Aluminum in the third-party action commenced by Sears. The obligation of an insurance company to defend its named insured is separate and distinct from its obligation to pay. Only when it can be concluded as a matter of law that there is no basis upon which the insurance company might be obligated to indemnify the named insured under any provisions of the policy is the insurance company relieved from its duty to defend…
2Cases cited12 opinions
- Prashker v. United States Guarantee Co.New York Court of Appeals · 1956
- Cardinale v. GolinelloNew York Court of Appeals · 1977
- Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
- Sturges Manufacturing Co. v. Utica Mutual InsuranceNew York Court of Appeals · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Woida v. North Star Mutual Insurance Co.Supreme Court of Minnesota · 1981
- Abex Corp. v. Maryland Casualty Co.Court of Appeals for the D.C. Circuit · 1986
- Bonded Concrete, Inc. v. Transcontinental InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Lowenstein Dyes & Cosmetics, Inc. v. Aetna Life & Casualty Co.District Court, E.D. New York · 1981
- Niagara County v. Utica Mutual InsuranceNew York Supreme Court · 1980
18 more not listed; retrieve them via the Exa API.