NATL CAS INS v. MOUNT VERNON


128 A.D.2d 332 (1987)

National Casualty Insurance Company, Appellant, v. City of Mount Vernon et al., Respondents, et al., Defendants

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

May 11, 1987


Attorney(s) appearing for the Case

Speyer, Thurm, Perlberg & Heller (Edward L. Owen, III and Milton Thurm of counsel), for appellant.

LAWRENCE, J. P., SPATT and RUBIN, JJ., concur.


KOOPER, J.

The question to be resolved on appeal is whether the plaintiff National Casualty Insurance Company must defend and indemnify its insured under its "Comprehensive Law Enforcement Liability Policy". For the reasons that follow, we conclude that it is so required.

The facts at bar are undisputed. In June 1981, one Earl Whittaker was arrested and subsequently charged with felony murder arising...

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