Pennsylvania General Insurance v. Aetna Casualty & Surety Co.

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Makowski, J.), entered August 5, 2002, which, inter alia, granted plaintiff’s cross motion for summary judgment.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by denying the cross motion in part and granting judgment as follows:

It is adjudged and declared that, after primary coverage under each party’s policy is exhausted, the balance is to be paid out of the excess coverage on an equal basis and as modified the judgment is affirmed without costs.

Memoran…