Welsh v. Peerless Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRabin, J.
This appeal involves the construction of a contract of excess insurance made by the Peerless Casualty Company (the insurer) and Surface Transportation Corporation of New York (the insured) whereby it was agreed that for any single accident involving Surface, the latter would bear the initial liability of $10,000 and Peerless would pay any sum in excess of that amount up to $40,000. In effect, Surface was a self-insurer to the extent of the first $10,000 and Peerless an excess insurer up to $40,000.
The appellant, Lucy D. Welsh, as administratrix in an action for death resulting from personal…
2Cases cited1 opinion
- Cleghorn v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1926
3Cited by5 opinions
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- Pensky v. Aetna Life & Casualty Co.New York Supreme Court · 1975
- Russo v. Kemper GroupAppellate Division of the Supreme Court of the State of New York · 1989
- Jin Ming Chen v. Insurance Co. of the State of Pa.Appellate Division of the Supreme Court of the State of New York · 2018
- Toledo v. IGLESIA NI CHRISTONew York Court of Appeals · 2012