Legal Opinion
Automobile Insurance v. Cook
New York Court of Appeals
Decided June 8, 2006PublishedCited by 247 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue in this declaratory judgment action is whether the insurer has a duty to defend its policyholder under his homeowner’s insurance policy in an underlying wrongful death action, resulting from a shooting committed in self-defense. We conclude that the insurer here is obligated to defend under the policy.
On February 20, 2002, Alfred Cook shot and killed Richard Barber inside his home. At the depositions, the witnesses testified that the two men had known each other for many years, but became involved in a dispute relating to their business relationship.…
2Cases cited8 opinions
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
3 more not listed; retrieve them via the Exa API.
3Cited by247 opinions
- BP Air Conditioning Corp. v. One Beacon Insurance GroupNew York Court of Appeals · 2007
- Admiral Ins. Co. v. Niagara Transformer Corp.Court of Appeals for the Second Circuit · 2023
- Regal Construction Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2010
- Fieldston Property Owners Ass'n v. Hermitage InsuranceNew York Court of Appeals · 2011
- Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
242 more not listed; retrieve them via the Exa API.