Travelers Indemnity Co. v. American & Foreign Insurance

—Order and judgment (one paper), Supreme Court, New York County (Franklin Weissberg, J.), entered July 6, 2000, which granted plaintiffs’ motion for summary judgment and declared that defendant must indemnify its insured for payment of any amount above plaintiff insurer’s primary policy limit and within the limits of defendant’s policy necessary to satisfy a judgment in the underlying action, and declared that the policy limits of defendant’s excess policy must be exhausted before plaintiff insurer will be obligated under its excess policy, unanimously affirmed, with costs.

The excess…