Judgment modified in accordance with memorandum and, as modified, affirmed, without costs.
Memorandum:
Special Term properly held that Aetna owes a duty to defend Penn Aluminum in the third-party action commenced by Sears. The obligation of an insurance company to defend its named insured is separate and distinct from its obligation to pay. Only when it can be concluded as a matter of law that there is no basis upon which the insurance company might be obligated...
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