AETNA CAS v. MERCHS. MUT INS.


100 A.D.2d 318 (1984)

Aetna Casualty and Surety Company, Appellant, v. Merchants Mutual Insurance Company, Respondent

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

April 12, 1984


Attorney(s) appearing for the Case

Leonard, Mellon & Gebo (A. Michael Gebo of counsel), for appellant.

Urfirer & Brooks, P. C. (Richard B. Meyer of counsel), for respondent.

MAHONEY, P. J., WEISS and LEVINE, JJ., concur with CASEY, J.; KANE, J., dissents in an opinion.


CASEY, J.

At issue on this appeal is whether defendant, the insurer of a trailer unit, is liable to plaintiff, the insurer of a tractor unit, for any portion of the amount paid by plaintiff to settle personal injury and property damage claims arising out of an accident involving the tractor trailer rig operated in combination by an employee of plaintiff's insured. We agree with Special Term that no such liability exists in this case.

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