New York Court of Appeals

Utica Mutual Insurance Company v. Allen R. Cherry

November 20, 197538 N.Y.2d 735

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the insurer must defend the insured despite the insured's manslaughter conviction and must pay the reasonable value of counsel's services. The court reasoned that the policy’s duty to defend is broader than the duty to pay and covers actions where any facts fall within the policy coverage.