ASSOCIATED MUT. INS. CO. v. FIREMEN'S FUND INS. CO.


81 A.D.2d 949 (1981)

Associated Mutual Insurance Company et al., Respondents, v. Firemen's Fund Insurance Company, Appellant

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

May 14, 1981


At issue in this matter is whether an insurer who settles a claim by paying a larger portion of its coverage on a fire policy containing a pro rata clause than it would have had to pay is entitled to contribution from another insurer who also issued a fire policy with a pro rata clause covering the same risk. The pertinent underlying facts are as follows: the three plaintiffs and the defendant each issued a fire insurance policy to the New Carpenter Laundry, Inc. Each policy...

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