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COLON v. AETNA LIFE & CAS.

66 N.Y.2d 6 (1985)

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

Court of Appeals of the State of New York.

Decided October 15, 1985.

Attorney(s) appearing for the Case

Randall J. Ezick for appellant.

Harold Friedman and Wayne M. Fielder for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS and ALEXANDER concur with Judge KAYE; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

KAYE, J.

Where the complaint in a personal injury action against the owner and the driver of a vehicle alleges that the driver was operating the vehicle with the owner's permission, and where the issue of permission has not been judicially resolved prior to trial of the personal injury action, the vehicle's insurer has a duty to defend the driver as well as the owner in that action even though the insurer itself...

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