Legal Opinion

Lumbermens Mutual Casualty Co. v. Allstate Insurance

New York Supreme Court

Decided November 30, 1978Published

1Opinion of the Court

*230OPINION OF THE COURT

Max Bloom, J.

This action flows from a controversy between two excess coverage insurers over which is liable for payment to two persons injured in an automobile accident.

On December 27, 1974, a mishap occurred on Pilot Knob Road, Fort Ann, New York, in which Seymour Hoffman, an infant, and Gary Loeb, passengers in an automobile driven by defendent Jack Tantleff, were injured. Action was brought which on May 8, 1978 resulted in a settlement in favor of Hoffman for the sum of $750,000, and in favor of Loeb for the sum of $30,000. The primary insurer, defendant Allstate…

2Cases cited7 opinions

  1. Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
  2. Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
  3. State Farm Mutual Automobile Insurance v. WestlakeNew York Court of Appeals · 1974
  4. Sloviaczek v. Estate of PuckettIdaho Supreme Court · 1977
  5. Atlantic Mutual Insurance v. Atlantic National InsuranceAppellate Division of the Supreme Court of the State of New York · 1971

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