ALLSTATE INS. CO. v. TRAVELERS INS. CO.


39 N.Y.2d 784 (1976)

Allstate Insurance Company, Respondent, v. Travelers Insurance Company, Appellant-Respondent, and Black Clawson Co., Respondent-Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 29, 1976.


Attorney(s) appearing for the Case

Richard Bakalor for appellant-respondent.

Francis J. Donovan for respondent-appellant.

Philip H. Weinberg for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE conur in Per Curiam opinion.


Per Curiam.

The order of the Appellate Division should be modified.

We agree with the majority at the Appellate Division that the rule in Motor Vehicle Acc. Ind. Corp. v Continental Nat. Amer. Group Co. (35 N.Y.2d 260) requires that the lessor's insurer defend and indemnify the allegedly negligent operator of the rented automobile in the personal injury action brought...

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