INS CO v. DAYTON TOOL & DIE


57 N.Y.2d 489 (1982)

Insurance Company of North America, Appellant, v. Dayton Tool & Die Works, Inc., et al., Defendants, and State Insurance Fund, Respondent. County of St. Lawrence, Appellant, v. Travelers Insurance Companies., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 8, 1982.


Attorney(s) appearing for the Case

Norman Bard and Beth J. Goldmacher for appellant in the first above-entitled action.

Richard C. Fitzmaurice, Raymond C. Green, Leonard M. Schnitzer, Mark Slotkin and Dennis Drucker for respondent in the first above-entitled action.

A. Michael Gebo for appellant in the second above-entitled action.

Vincent F. Kirsch for respondent in the second above-entitled action.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and FUCHSBERG concur with Judge WACHTLER; Judge MEYER dissents and votes to affirm in a separate opinion.


WACHTLER, J.

The question on these appeals is whether an employer's general liability policy containing an exclusion for "any obligation of the insured to indemnify another because of damages arising out of" personal injury to an employee relieves the carrier of liability when the employer is sued for contribution pursuant to Dole v Dow Chem. Co. (30 N.Y.2d 143). In...

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