As New York Civil Law posted several months ago, the Appellate Division, Third Department in Allstate Ins. Co. of Hartford v. Cook upheld an insurer’s denial to defend and indemnify its insured in an underlying wrongful death action where the insured claimed he killed the decedent in self-defense (see post and accompanying briefs). The New York Court of Appeals just recently granted leave to appeal to resolve this novel issue.
New York Civil Law will keep you apprised of developments with this case.