Lumbermens Mutual Casualty Co. v. Allstate Insurance

Judgment, Supreme Court, New York County, entered January 17, 1979, declaring that the loss in excess of the primary policy issued by Allstate against liability of One Eleven South Street No. 2, Inc., for injuries resulting from an automobile accident shall be shared by all excess carriers in proportion to the limit amount issued by each, is unanimously affirmed, with costs. The facts in this case are fully set forth in Special Term’s opinion (97 Mise 2d 229). We affirm for the reasons stated in that opinion while noting one minor factual error which does not change the result. Special Term…