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HARTFORD ACC v. RYDER TRUCK

85 A.D.2d 145 (1982)

Hartford Accident & Indemnity Company, Appellant-Respondent, v. Ryder Truck Rental, Inc., et al., Respondents Ryder Truck Rental, Inc., Third-Party Plaintiff-Respondent, v. Michellen Brokerage, Inc., Third-Party Defendant-Respondent-Appellant

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

February 25, 1982

Attorney(s) appearing for the Case

Mark L. Levenson of counsel (Milton H. Miller with him on the brief), for appellant-respondent.

Charles S. Hefter of counsel (Martin Rosen, attorney), for Ryder Truck Rental, Inc., and another, respondents, and Ryder Truck Rental, Inc., third-party plaintiff-respondent.

Dennis M. Perlberg of counsel (Greenhill, Speyer & Thurm, attorneys), for third-party defendant-respondent-appellant.

KUPFERMAN, J. P., SULLIVAN and FEIN, JJ., concur.

ASCH, J.

The action herein was commenced by Hartford Accident & Indemnity Company (Hartford) for declaratory judgment that National Union Fire Insurance Co. of Pittsburgh, Pa. (National), is the primary carrier and Hartford the excess carrier.

This controversy as to insurance coverage arose out of an accident involving A.A.A. Drive Away, Inc. (A.A.A.), which was transporting a vehicle of Ryder Truck...

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