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FID. GEN. INS. CO. v. AETNA INS. CO.

27 A.D.2d 932 (1967)

Fidelity General Insurance Company, Respondent, v. Aetna Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1967

Affirmed, with costs.

In our opinion, under the circumstances of this case, there were reasonable grounds for appeal, thereby initially obligating defendant, under its covenant to defend, to prosecute an appeal on the insured's behalf (Kaste v. Hartford Acc. & Ind. Co., 5 A.D.2d 203). Moreover, the excess insurance policy issued by plaintiff did not contain any covenant to defend and we do not construe the clause under...

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