Self-Defense – 2
New York’s highest court, the Court of Appeals, recently ruled that a homeowners’ insurer had a duty to defend its insured (the plaintiff, Cook) in a wrongful death action arising from a shooting committed in self-defense. Recognizing that it is the potentiality of a covered loss, not the actuality, that governs, the court found by an examination of the wrongful death complaint that the claim was covered by the policy, because, among other things, the complaint alleged that Cook negligently caused the decedent’s death.
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