ALLSTATE INS. v. AETNA CAS.


123 Misc.2d 932 (1984)

Allstate Insurance Company, Plaintiff, v. Aetna Casualty & Surety Company et al., Defendants.

Supreme Court, Trial Term, Sullivan County.

April 13, 1984


Attorney(s) appearing for the Case

Owen & Grogan for plaintiff. Appelbaum, Eisenberg, Bauman & Appelbaum for Aetna Casualty & Surety Company, defendant. John J. Quackenbush, Jr., for Travelers Insurance Company and another, defendants. Davidoff & Levine for Joseph Rossiter and another, defendants. Goldstein & Stoloff for Jay Shulman and another, defendants.


ROBERT C. WILLIAMS, J.

In a prior decision dated January 4, 1984, this court held that defendant Aetna was the primary insurer responsible for defending and paying the underlying negligence action. Plaintiff Allstate was held to be an excess insurer.

At the time of the prior decision the court reserved on the issue of entitlement to and amount of attorneys' fees. The parties were given an opportunity to submit affidavits and/or authority on the...

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