Sport Rock International, Inc. v. American Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
The main question presented on this appeal is whether the costs of defending an insured in an underlying personal injury action should be allocated between two primary liability insurers or, pursuant to the policies’ respective “other insurance” clauses, imposed on only one of the two insurers on a primary basis. Consistent with longstanding precedent, we hold that the carrier whose coverage is rendered excess by reason of the competing “other insurance” clauses will not become obligated to defend the insured until the other carrier’s coverage has been…
2Cases cited25 opinions
- Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
- Automobile Insurance v. CookNew York Court of Appeals · 2006
- Frontier Insulation Contractors, Inc. v. Merchants Mutual InsuranceNew York Court of Appeals · 1997
- BP Air Conditioning Corp. v. One Beacon Insurance GroupNew York Court of Appeals · 2007
- State Farm Fire & Casualty Co. v. LiMauroNew York Court of Appeals · 1985
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- Federated Retail Holdings, Inc. v. Weatherly 39th Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Endurance American Specialty Insurance v. Century Surety Co.District Court, S.D. New York · 2014
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