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MATTER OF PUB. SERV. MUT. INS. CO. v. CROSS

38 A.D.2d 930 (1972)

In the Matter of Public Service Mutual Insurance Company, Appellant, v. Max Cross et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 27, 1972

The carrier for the vehicle in which respondent, Marlene Cross, was a passenger (Securities Insurance Company of Hartford), is primarily liable under its uninsured motorist endorsement. Petitioner's liability is limited to excess coverage in accordance with the "Other Insurance" clause in its policy. That clause provides that it is applicable "only in the amount by which the limit of liability for this coverage exceeds the applicable...

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