Legal Opinion

Travelers Insurance v. State Insurance Fund

New York Court of Claims

Decided September 8, 1992No. Motion No. M-45488PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

On this application to file a late claim pursuant to Court of Claims Act § 10 (6), we must address an issue which the parties state is apparently one of first impression before the New York courts: Must an insurer obligated to share defense *543costs pay expenses attributable to work performed by the other carrier’s in-house counsel? We hold that it must and that the claim therefore appears to be meritorious.

Gateway Tire Corp. was insured by both claimant, the Travelers Insurance Company, and defendant, the State Insurance Fund. On or about October 31,…

2Cases cited13 opinions

  1. Blum v. StensonSupreme Court of the United States · 1984
  2. Washington v. Seattle School District No. 1Supreme Court of the United States · 1982
  3. Rahmey v. BlumAppellate Division of the Supreme Court of the State of New York · 1983
  4. Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
  5. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977

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3Cited by2 opinions

  1. Jones v. IppolitiConnecticut Appellate Court · 1999
  2. Travelers Insurance v. Commissioners of State Insurance FundAppellate Division of the Supreme Court of the State of New York · 1996

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