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 New York Court of Appeals affirmed summary judgment for Michael Colon, holding that Aetna Life & Casualty Insurance Company had a duty to defend Colon as driver of an insured vehicle when the complaint alleged the driver had the owner's permission, even though the insurer believed permission was lacking. The Court reasoned that the duty to defend is triggered by the allegations in the complaint and is not limited to the named insured. Justice Titone dissented, arguing that the duty to defend should not extend to a non‑insured stranger.