EMPLOYERS COMMERCIAL UNION INS. CO. OF NEW YORK v. FIREMEN'S FUND INS. CO.


55 A.D.2d 888 (1977)

Employers Commercial Union Insurance Company of New York, Respondent, v. Firemen's Fund Insurance Company, Appellant, et al., Defendants

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

January 27, 1977


An automobile owned by the insured was involved in an accident, and after a decision on liability it was settled for a substantial sum. The plaintiff insurance company defended the insured and then sued to recover the amount expended in settlement and counsel fees. The defendant insurance company had originally insured the automobile involved and contends that it was off the risk at the time of the accident. The plaintiff contends that, while it had an insurance policy for...

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