Atlantic Mutual Insurance v. Atlantic National Insurance

Order and judgment (one paper), Supreme Court, New York County, entered on July 10, 1970, granting declaratory judgment for plaintiff, adjudging defendant liable for one half of the settlement and expenses paid by plaintiff and directing an assessment with respect thereto, unanimously modified, on the law, to the extent of adjudging the defendant liable on a pro rata basis, and otherwise affirmed, without costs and without disbursements. The insured, covered under two policies, was a defendant in a wrongful death action. The two carriers for the insured agreed to a settlement of that action…