Legal Opinion
Coughlan v. Turner Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 18, 2002PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Walter Tolub, J.), entered April 5, 2000, which, insofar as appealed from, as limited by defendants and third-party plaintiffs’ brief, dismissed their second third-party complaint against Canron Construction Corporation, unanimously affirmed, without costs.
An insurance carrier has no right of subrogation against its own insured to recover for a claim which arises out of the very same risk for which the insured is covered (Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 468). Canron Construction Corporation is a named insured of Continental…
2Cases cited5 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Argentina v. Emery World Wide Delivery Corp.New York Court of Appeals · 1999
- Maksymowicz v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
- Coughlan v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
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- Harleysville Preferred Insurance Company v. Allstate Property and Casualty Insurance CompanyDistrict Court, S.D. New York · 2021