Legal Opinion

Allstate Insurance v. Travelers Insurance

New York Court of Appeals

Decided April 29, 1976PublishedCited by 6 opinions

1Per curiam

The order of the Appellate Division should be modified.

We agree with the majority at the Appellate Division that the rule in Motor Vehicle Acc. Ind. Corp. v Continental Nat. Amer. Group Co. (35 NY2d 260) requires that the lessor’s insurer defend and indemnify the allegedly negligent operator of the rented automobile in the personal injury action brought by the lessee-passenger, and we do so for the reasons articulated in Continental and at the Appellate Division. The lessor’s insurer is not relieved of responsibility by the circumstance that the claimant is a lessee who violated an express…

2Cases cited1 opinion

  1. Motor Vehicle Accident Indemnification Corp. v. Continental National American Group Co.New York Court of Appeals · 1974

3Cited by6 opinions

  1. Aetna Casualty & Surety Co. v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  2. Tom Sawyer Country Day School v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1985
  3. Hertz Corp. v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
  4. Hannibal v. KimbeniAppellate Division of the Supreme Court of the State of New York · 2001
  5. Hassan v. MontuoriAppellate Division of the Supreme Court of the State of New York · 2002

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