NORTHBROOK v. CHUBB GROUP


113 A.D.2d 319 (1985)

Northbrook Excess and Surplus Insurance Company, Appellant, v. Chubb Group of Insurance Companies, Respondent

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

December 19, 1985


Attorney(s) appearing for the Case

Robert L. Boydstun of counsel (Brian J. Isaac with him on the brief; Gladstein & Isaac, attorneys), for appellant.

Sol Zepnick, P. C., for respondent.

KUPFERMAN, J. P., ASCH, BLOOM and ROSENBERGER, JJ., concur.


SANDLER, J.

In this declaratory judgment action the court is once again required to address the often knotty question as to whether a policy providing excess insurance comes within an exception to the general rule that "where there are multiple policies covering the same risk, and each generally purports to be excess to the other, the excess coverage clauses are held to cancel out each other and each insurer...

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