New York Court of Appeals

Michael L. Colon, Respondent v. Aetna Life and Casualty Insurance Company, Appellant

October 15, 198566 N.Y.2d 6

Summary

The Court of Appeals affirmed that an insurer must defend a driver of an insured vehicle when the complaint alleges the driver had the owner's permission and the issue of permission is unresolved, even if the insurer believes the driver lacked permission. The dissent argued that the duty to defend should be limited to insured parties and that extending it to strangers would force insurers to defend thieves.