Legal Opinion

Allstate Insurance v. Farmers Insurance Group

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

Decided May 9, 1985PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Fein, J.

This case raises again the issue of how “excess” insurers should contribute to the satisfaction of a claim once the primary insurance coverage has been exhausted.

The pedestrian victim was injured crossing the street in December 1979 when she was struck by a vehicle owned by Trans-Mountain Leasing Corp., leased to Maria Stowe, and being driven with permission at the time by Peter Kardaras. A damage action against the vehicle’s owner, lessee and driver was settled in April 1983 for $1,000,000.

The driver of the vehicle was covered by a $500,000 liability insurance…

2Cases cited6 opinions

  1. Lumbermens Mutual Casualty Co. v. Allstate InsuranceNew York Court of Appeals · 1980
  2. Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
  3. State Farm Fire & Casualty Co. v. LiMauroAppellate Division of the Supreme Court of the State of New York · 1984
  4. Kansas City Fire & Marine Insurance v. Hartford Insurance GroupNew York Court of Appeals · 1982
  5. Public Service Mutual Insurance v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Great Northern Insurance v. Mount Vernon Fire InsuranceNew York Court of Appeals · 1999
  2. Town of Massena v. Healthcare Underwriters Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Farm Family Mutual Insurance v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
  4. Allstate Insurance v. Insurance of North AmericaAppellate Division of the Supreme Court of the State of New York · 1995

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