Legal Opinion

Travelers Insurance v. General Accident, Fire & Life Assurance Corp.

New York Court of Appeals

Decided May 26, 1971PublishedCited by 17 opinions

1Opinion of the CourtBreitel, J.

The action is between the separate liability insurers of a tractor and trailer, used in combination, which while negligently driven caused personal injuries to a number of bus passengers in a collision with the bus. Plaintiff: insurer for the tractor settled with the bus passengers and the issue is what portion of the settlement should be paid by the insurer for the trailer.

The parties submitted the case on agreed facts under CPLR 3222. The trial court rendered judgment requiring defendant insurer for the trailer to pay half the total settlement figure, namely, $22,488.08. The Appellate…

2Cases cited4 opinions

  1. Lamb-Weston, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1959
  2. Employers Mutual Liability Insurance Co. of Wisconsin v. Indemnity Insurance Co. of North AmericaNew York Supreme Court · 1962
  3. Hiscock v. KuinlanNew York Supreme Court · 1970
  4. Mondelli v. Hub, Bed & Spring Co.City of New York Municipal Court · 1958

3Cited by17 opinions

  1. United States Fire Insurance Company v. Federal Insurance CompanyCourt of Appeals for the Second Circuit · 1988
  2. Reliance Insurance v. Aetna Casualty & Surety Co.Massachusetts Supreme Judicial Court · 1984
  3. Endurance American Specialty Insurance v. Century Surety Co.District Court, S.D. New York · 2014
  4. Aetna Casualty & Surety Co. v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
  5. Hartford Underwriters Insurance v. Hanover InsuranceDistrict Court, S.D. New York · 2015

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