Public Service Mutual Insurance v. Yasuda Fire & Marine Insurance Co. of America

Order and judgment (one paper), Supreme Court, New York County (Joan Madden, J.), entered December 11, 2003, upon the parties’ respective motions for summary judgment, declaring that, with respect to an underlying action arising out of an accident involving a van owned by defendant Yasuda Fire and Marine’s insured and leased to and operated by plaintiff Public Service’s insureds for business purposes, Yasuda’s policy is excess to Public Service’s policy, and that Public Service is therefore obligated to defend and indemnify the owner, lessee and driver in the underlying action, unanimously…