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HARTFORD ACC v. MICHIGAN MUT

93 A.D.2d 337 (1983)

Hartford Accident and Indemnity Co., Individually and as Subrogee of L.A.D. Associates, Inc., and Another, Appellant-Respondent, v. Michigan Mutual Insurance Co., Respondent-Appellant, et al., Defendant, and Montfort, Healy, McGuire and Salley et al., Respondents

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

May 3, 1983

Attorney(s) appearing for the Case

Asher Marcus of counsel (Peter James Johnson with him on the brief; Leahey & Johnson, P. C., attorneys), for respondent-appellant.

Steven B. Prystowsky of counsel (Lester Schwab Katz & Dwyer, attorneys), for appellant-respondent.

E. Richard Rimmels, Jr., of counsel (Beasley & Andes, attorneys), for respondents.

KUPFERMAN, J. P., ASCH and BLOOM, JJ., concur with KASSAL, J.; SILVERMAN, J., dissents in an opinion.

KASSAL, J.

The action, brought by the excess insurer, Hartford Accident and Indemnity Co. (Hartford), individually and as subrogee of L.A.D. Associates, Inc. (L.A.D.) and DeFoe Corporation (DeFoe), is premised, inter alia, upon (1) the alleged breach of fiduciary duty owed to plaintiff by Michigan Mutual Insurance Co. (Michigan Mutual), the primary insurer in the underlying action, and (2) the malpractice...

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