State Farm Fire & Casualty Co. v. LiMauro
New York Court of Appeals
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
An umbrella policy, which covers multiple risks but offers no primary coverage as to any of them and provides that it “shall be in excess of, and shall not contribute with” other collectible insurance covering a loss available to the insured, except such as in excess of the limits of the umbrella policy, is not required to contribute toward a loss until the limits of a liability policy covering the injury-causing automobile as a nonowned vehicle have been exhausted. Although the latter policy’s “other insurance” provision makes it excess over other insurance on…
2Cases cited20 opinions
- Lumbermens Mutual Casualty Co. v. Allstate InsuranceNew York Court of Appeals · 1980
- Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
- Aetna Casualty & Surety Co. v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Jensen v. New Amsterdam InsuranceAppellate Court of Illinois · 1965
- Newin Corp. v. Hartford Accident & Indemnity Co.New York Court of Appeals · 1984
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3Cited by141 opinions
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- The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
- Great Northern Insurance v. Mount Vernon Fire InsuranceNew York Court of Appeals · 1999
- Lurie v. WittnerCourt of Appeals for the Second Circuit · 2000
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