ALBANY, N.Y. (AFX) - Automobile Insurance Co. of Hartford, now a part of The St. Paul Travelers Cos., is being ordered to pay for the legal defense of a man who shot a business associate in self defense, but was then sued by the dead man's estate, New York's highest court ruled Thursday.
In February 2002, Alfred Cook, then 57, shot and killed 52-year-old Richard Barber inside Cook's Clarksville home, 10 miles southwest of Albany.
Cook was acquitted of second-degree murder and manslaughter charges, but the administrator of Barber's estate filed a wrongful death suit against Cook, accusing him of negligence and with intentionally killing Barber. Cook said he only fired to protect himself.
Cook's insurer refused to pay for Cook's civil defense. It argued the shooting was not covered by Cook's policy because it was 'expected or intended' by Cook, not an accident.
The Court of Appeals, in a 7-0 decision, reversed a lower court ruling and said the insurer would have to pay for Cook's defense, saying that insurance companies have a broad duty to defend in such cases, even if the suits are without merit.
'Suffice it to say that a reasonable insured (person) under these circumstances would have expected coverage under the policy,' Judge Carmen Beauchamp Ciparick wrote for the court.
She noted the insurance company may not be required to pay if Cook loses in court. The case is awaiting trial.
Michael Hutter, the lawyer representing Travelers, said the court avoided the most important issue before them -- whether Travelers would have to pay damages if Cook loses the civil case.
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