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AUTOMOBILE INS. CO. v. COOK

7 N.Y.3d 131 (2006)

850 N.E.2d 1152

818 N.Y.S.2d 176

AUTOMOBILE INSURANCE COMPANY OF HARTFORD, Respondent, v. ALFRED S. COOK, Appellant, and VICTORIA PRUYN, as Administratrix of the Estate of RICHARD A. BARBER, Deceased, and as Parent and Natural Guardian of ANDREW H. PRUYN, an Infant, Respondent.

Court of Appeals of New York.

Decided June 8, 2006.

Attorney(s) appearing for the Case

Roche, Corrigan, McCoy & Bush, Albany (Robert P. Roche of counsel), for appellant.

Michael J. Hutter, Albany, and Majewski & Associates, Melville, for Automobile Insurance Company of Hartford, respondent.

Tabner, Ryan and Keniry, LLP, Albany (Benjamin F. Neidl and William F. Ryan, Jr., of counsel), for Victoria Pruyn, respondent.

Chief Judge KAYE and Judges G.B. SMITH, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

The issue in this declaratory judgment action is whether the insurer has a duty to defend its policyholder under his homeowner's insurance policy in an underlying wrongful death action, resulting from a shooting committed in self-defense. We conclude that the insurer here is obligated to defend under the policy.

On February 20, 2002, Alfred Cook shot and killed Richard Barber inside his home. At the depositions,...

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