Legal Opinion
Colon v. Aetna Life & Casualty Insurance
New York Court of Appeals
Decided October 15, 1985PublishedCited by 95 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
Where the complaint in a personal injury action against the owner and the driver of a vehicle alleges that the driver was operating the vehicle with the owner’s permission, and where the issue of permission has not been judicially resolved prior to trial of the personal injury action, the vehicle’s insurer has a duty to defend the driver as well as the owner in that action even though the insurer itself reasonably concludes that the driver did not have the owner’s permission and the jury ultimately so finds. In this action by the driver against the insurer to…
2Cases cited4 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- Spoor-Lasher Co., Inc. v. Aetna Cas. & Sur. Co.New York Court of Appeals · 1976
- Morris v. Palmier Oil Co.Appellate Division of the Supreme Court of the State of New York · 1983
3Cited by95 opinions
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Technicon Electronics Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1988
- Richard M. McCostis Esq. v. Home Insurance Company of IndianaCourt of Appeals for the Second Circuit · 1994
- Century 21, Inc., D/b/a/ Century 21 Department Stores, LLC v. Diamond State Insurance Company, Docket No. 04-3362-CvCourt of Appeals for the Second Circuit · 2006
- High Point Design, LLC v. LM Ins. Corp.Court of Appeals for the Second Circuit · 2018
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