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ALLSTATE INS. CO. v. HERTZ CORP.

119 A.D.2d 612 (1986)

Allstate Insurance Company, Appellant, v. Hertz Corporation et al., Respondents, and Federal Insurance Company, Appellant, et al., Defendant

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

April 14, 1986

Order reversed, on the law, without costs or disbursements, and, upon searching the record (see, CPLR 3212 [b]), action dismissed as premature.

An insurer's duty to defend is measured against the allegations of the complaint against its insured and arises whenever the allegations fall within the risk covered by the policy (see, e.g., Colon v Aetna Life & Cas. Ins. Co., 66 N.Y.2d...

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