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FITZPATRICK v. AM. HONDA CO.

78 N.Y.2d 61 (1991)

Linda A. Fitzpatrick, Individually and as Administratrix of The Estate of John J. Fitzpatrick, Jr., Deceased, Plaintiff, v. American Honda Motor Co., Inc., et al., Defendants, and Frank Moramarco, Defendant and Third-Party Plaintiff-Appellant. National Casualty Company, Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1991.

Attorney(s) appearing for the Case

Charles G. Mills, Daren A. Rathkopf and Philip C. Kilian for third-party plaintiff-appellant.

Anthony J. McNulty for third-party defendant-respondent.

Chief Judge WACHTLER and Judges KAYE and BELLACOSA concur with Judge TITONE; Judge ALEXANDER dissents and votes to affirm in a separate opinion in which Judges SIMONS and HANCOCK, JR., concur.

TITONE, J.

It is well established that a liability insurer has a duty to defend its insured in a pending lawsuit if the pleadings allege a covered occurrence, even though facts outside the four corners of those pleadings indicate that the claim may be meritless or not covered (see, e.g., Ruder & Finn v Seaboard Sur. Co., 52 N.Y.2d 663, 669-670). The issue in...

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