Perno v. Exchange Mutual Insurance

The wife, a passenger in an automobile driven by her husband, was injured when his automobile collided with another. She sued the driver of the other automobile and he served upon the husband a third-party summons and complaint based upon the decision in Dole v. Dow Chem. Co. (30 N Y *3472d 143). Must the husband’s automobile liability insurance carrier defend and indemnify the husband against liability in the third-party action? The answer in Smith v. Employers Fire Ins. Co. (72 Misc 2d 524) was “ No. ”. In this motion for summary judgment in a declaratory judgment action the plaintiff husband…