Harper v. Wayman

A tort judgment was secured against the defendants herein, one of whom, Mr. Wayman, was insured with the General Accident Fire and Life Assurance Corporation, Ltd., which company ultimately paid the entire judgment. By this motion, joined in by both the insurance carrier and by Mr. Wayman, an order is sought directing the Clerk of the County of Broome to enter a judgment in favor of the insurance carrier for the amount of the excess paid over and above Wayman’s prorata share. The sole issue presented is whether or not under section 211-a of the Civil Practice Act an insurance carrier which…