Automobile Insurance of Hartford v. Cook

Cardona, P.J. (dissenting).

I do not believe that plaintiff has established, as a matter of law, that the events in question are not a covered “occurrence” within the meaning of the policy or that they fall within the policy’s “expected or intended” exclusion. Therefore, I agree with Supreme Court that plaintiff has a duty to defend defendant Alfred S. Cook in the underlying action and, accordingly, I respectfully dissent.

It is well established that an insurer’s duty to defend its insureds in pending litigation is exceptionally broad and far surpasses the insurer’s duty to ultimately indemnify…