Legal Opinion
Public Service Mutual Insurance v. Fireman's Fund American Insurance
Appellate Division of the Supreme Court of the State of New York
Decided August 6, 1981PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
The relevant facts are fairly stated in the dissent, which correctly determines that Lumbermens Mut. Cas. Co. v Allstate Ins. Co. (51 NY2d 651, revg 73 AD2d 868), requires us to conclude that the Fireman’s Fund American Insurance Companies (Fireman’s) policy, although purporting *404to be an excess policy with respect to a nonownecl vehicle, was required to be exhausted before Insurance Company of North America (INA) could be called upon to contribute, because the Fireman’s policy replaced the Cosmopolitan Mutual Insurance Co. (Cosmopolitan) policy listed in the INA…
2Cases cited3 opinions
- Lumbermens Mutual Casualty Co. v. Allstate InsuranceNew York Court of Appeals · 1980
- Public Service Mutual Insurance v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Lumbermens Mutual Casualty Co. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by9 opinions
- State Farm Fire & Casualty Co. v. LiMauroNew York Court of Appeals · 1985
- Atlantic Mutual Insurance Company, Cross-Appellant v. Truck Insurance Exchange, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1986
- State Farm Fire & Casualty Co. v. LiMauroAppellate Division of the Supreme Court of the State of New York · 1984
- Talen v. Employers Mutual Casualty Co.Supreme Court of Iowa · 2005
- Jefferson Insurance v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
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