Legal Opinion
General Motors Acceptance Corp. v. Nationwide Insurance
New York Court of Appeals
Decided March 31, 2005PublishedCited by 41 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
We are called upon to determine whether an allocation of defense costs between a primary and excess insurer is warranted. We conclude that where, as here, two coincidental primary policies exist—one excess to the other by reason of competing “other insurance” provisions—and where the excess carrier has voluntarily assumed and marshaled the insured’s defense, an allocation of defense costs based on primary policy limits is appropriate. Here the primary policy limits are identical, warranting a 50-50 split.
*454In 1994, John C. Sabin, not a party to this action,…
2Cases cited6 opinions
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Federal Insurance v. Atlantic National InsuranceNew York Court of Appeals · 1969
- Atlantic Cement Co. v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Atlantic Cement Co. v. Fidelity & Casualty Co.New York Court of Appeals · 1984
- GEN. ACC. FIRE & LIFE ASSUR. CORP. v. PiazzaNew York Court of Appeals · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Fieldston Property Owners Ass'n v. Hermitage InsuranceNew York Court of Appeals · 2011
- Sport Rock International, Inc. v. American Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2009
- City of New York v. Evanston InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- Liberty Surplus Insurance Corporation v. The Segal CompanyCourt of Appeals for the Second Circuit · 2005
- David Lerner Associates, Inc. v. Philadelphia Indemnity InsuranceDistrict Court, E.D. New York · 2013
36 more not listed; retrieve them via the Exa API.