The Appellate Division, Third Department in Allstate Ins. Co. of Hartford v. Cook recently decided a novel issue of insurance coverage.  The insured killed a person in his house, claiming he did so in self-defense,   In light of a wrongful death action brought by the decedent’s estate and son, the insured sought a defense and indemnification under his homeowner’s insurance policy.

The Third Department upheld the insurer’s disclaimer, determining that the insured’s actions were not covered under the applicable policy.  Notably, Justice Cardona dissented, observing that the insured’s actions could fall within the ambit of the negligence cause of action in the underlying wrongful death complaint.

Michael Hutter, who successfully argued on behalf of Allstate, graciously provided the appellate submissions:

Appellant’s Brief: Download SCAN_35301043_000.pdf

Respondent’s Brief: Part I Download SCAN_35301044_000.pdf

Respondent’s Brief: Part II Download SCAN_35301045_000.pdf

Reply Brief: Download SCAN_35301046_000.pdf