Legal Opinion
Lumbermens Mutual Casualty Co. v. Allstate Insurance
New York Court of Appeals
Decided December 22, 1980PublishedCited by 76 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
This case involves the interpretation of four insurance contracts which, coincidentally, provide liability coverage for the same event. In the context in which this case comes to us, we are presented for the first time with the question of whether a contract expressly providing for “excess insurance” in all cases contributes ratably with all other “excess insurance”, or whether an insurer may structure the policy specifically to provide secondary excess coverage *654that will not be reached until both the primary and other excess policies are exhausted.
On December…
2Cases cited3 opinions
- Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
- Atlantic Mutual Insurance v. Atlantic National InsuranceAppellate Division of the Supreme Court of the State of New York · 1971
- Atlantic Mutual Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1973
3Cited by76 opinions
- State Farm Fire & Casualty Co. v. LiMauroNew York Court of Appeals · 1985
- Institute for Shipboard Education v. Cigna Worldwide Insurance Co.Court of Appeals for the Second Circuit · 1994
- The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
- Jefferson Insurance v. Travelers Indemnity Co.New York Court of Appeals · 1998
- Atlantic Mutual Insurance Company, Cross-Appellant v. Truck Insurance Exchange, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1986
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