ALLSTATE INS. v. FARMERS INS.


108 A.D.2d 284 (1985)

Allstate Insurance Company, Appellant, v. Farmers Insurance Group et al., Defendants, and U.S. Fire Insurance Company, Respondent

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

May 9, 1985


Attorney(s) appearing for the Case

Stephen J. Smirti, Jr., of counsel (William M. Savino with him on the brief; Rivkin, Leff, Sherman & Radler, attorneys), for appellant.

William H. Morris of counsel (Gerald P. McMorrow with him on the brief; Morris, Graham, Stephens & McMorrow, attorneys), for respondent.

CARRO, J. P., ASCH and MILONAS, JJ., concur.


FEIN, J.

This case raises again the issue of how "excess" insurers should contribute to the satisfaction of a claim once the primary insurance coverage has been exhausted.

The pedestrian victim was injured crossing the street in December 1979 when she was struck by a vehicle owned by Trans-Mountain Leasing Corp., leased to Maria Stowe, and being driven with permission at the time by Peter Kardaras. A damage action against the vehicle's owner,...

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