State Insurance Fund v. International Insurance

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered July 24, 1997, awarding plaintiff damages against defendant, and bringing up for review an order which, in an action by plaintiff primary insurer against defendant excess insurer to recover the amount plaintiff paid in excess of its policy’s limit in order to settle a lawsuit against the parties’ insured, granted plaintiff’s motion for summary judgment and denied defendant’s cross motion for summary judgment, unanimously affirmed, without costs.

*87By its terms, defendant’s policy was to be triggered by a loss in excess of…