MT VERNON INS CO v. TRAVELERS


47 N.Y.2d 575 (1979)

Mount Vernon Fire Insurance Company, Appellant, v. Travelers Indemnity Company et al., Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1979.


Attorney(s) appearing for the Case

Martin S. Rothman, Richard Godosky and Robert B. Marcus for appellant.

William A. Prinsell for Travelers Indemnity Company, respondent.

James A. Magee for Smolowitz Brothers Van Lines, Inc., respondent.

Bernard Meyerson and Samuel Spevack for Gino Trotta, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.


FUCHSBERG, J.

In this action for a declaratory judgment, we are asked to construe the effect of an excess automobile liability insurance policy clause which incorporates by reference the exclusions contained in the contract for primary coverage issued to the insured by another carrier.

The disputed clause, contained in an agreement for excess coverage entered into between plaintiff Mount Vernon Fire Insurance...

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