Legal Opinion

Federal Insurance v. Ryder Truck Rental, Inc.

New York Court of Appeals

Decided January 18, 1994PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this action primarily among insurers to apportion liability for a $1.75 million settlement in a personal injury action, we agree with the Appellate Division that the $1 million business auto policy issued to Mirage Enterprises provides excess coverage. Regardless of the finding below that the driver of the truck was a "special employee” of Mirage, the court correctly concluded that the vehicle was not owned, rented or used by Mirage, and…

2Cases cited1 opinion

  1. Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986

3Cited by9 opinions

  1. Alinkofsky v. Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  2. Liberty Mutual Insurance v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Alinkofsky v. Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  4. Carlson v. American International Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Ryder Truck Rental, Inc. v. Countrywide InsuranceAppellate Division of the Supreme Court of the State of New York · 1998

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