Legal Opinion
Public Service Truck Renting, Inc. v. Ambassador Insurance
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 2 opinions
1Opinion of the Court
— Order unanimously affirmed without costs. Memorandum: The general rule is that "an insurer may not be subrogated to a claim against its own insured, at least when the claim arises from an incident for which the insurer’s policy covers that insured” (Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 471). In that case, however, the subrogation claim was based upon an express agreement by the insured to indemnify the subrogor for the same risk (see also, Fowler v Stillwater Assocs., 169 AD2d 226 [decided herewith], where the insured also expressly agreed to indemnify for the same…
2Cases cited7 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
- Kelly v. Overseas Investors, Inc.New York Court of Appeals · 1966
- Murphy v. Ambassador Insurance Co.New Jersey Superior Court Appellate Division · 1984
- Kelly v. Overseas Investors, Inc.Appellate Division of the Supreme Court of the State of New York · 1965
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3Cited by2 opinions
- All Star Advertising v. Reliance Ins.Supreme Court of Louisiana · 2005
- Herstam v. Board of DirectorsColorado Court of Appeals · 1995