Legal Opinion · Concurrence

Sport Rock International, Inc. v. American Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 2009Published

1Concurrence

Saxe, J. (concurring).

I agree with the majority that the insurance coverage afforded to plaintiff Sport Rock International, Inc., under the commercial general liability policy issued to it by Evanston Insurance Company is excess to the primary coverage afforded to Sport Rock as an additional insured under the commercial general liability policy issued by American Casualty to nonparty Petzl. Accordingly, I concur in the resulting holding that Evanston is not obligated to contribute to Sport Rock’s defense or indemnification in the underlying personal injury action until American’s coverage has…

2Cases cited3 opinions

  1. Great Northern Insurance v. Mount Vernon Fire InsuranceNew York Court of Appeals · 1999
  2. Harleysville Insurance v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. Fieldston Property Owners Ass'n v. Hermitage InsuranceAppellate Division of the Supreme Court of the State of New York · 2009

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