Legal Opinion
Northbrook Excess & Surplus Insurance v. Chubb Group of Insurance Companies
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 1985PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Sandler, J.
In this declaratory judgment action the court is once again required to address the often knotty question as to whether a policy providing excess insurance comes within an exception to the general rule that "where there are multiple policies covering the same risk, and each generally purports to be excess to the other, the excess coverage clauses are held to cancel out each other and each insurer contributes in proportion to its limit amount of insurance”. (Lumbermens Mut. Cas. Co. v Allstate Ins. Co., 51 NY2d 651, 655.)
The issue arises in this case in the…
2Cases cited2 opinions
- State Farm Fire & Casualty Co. v. LiMauroNew York Court of Appeals · 1985
- Lumbermens Mutual Casualty Co. v. Allstate InsuranceNew York Court of Appeals · 1980
3Cited by11 opinions
- Bovis Lend Lease LMB, Inc. v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- United States Fire Insurance Company v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 1988
- Northbrook Excess & Surplus Insurance v. Chubb Group of InsuranceNew York Court of Appeals · 1986
- HOME INS. CO., INC. v. Liberty Mut. Ins. Co.District Court, S.D. New York · 1988
- Liberty Mutual Insurance v. Hartford Insurance of the MidwestAppellate Division of the Supreme Court of the State of New York · 2006
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