STATE FARM FIRE v. LIMAURO


65 N.Y.2d 369 (1985)

State Farm Fire and Casualty Company, Respondent, v. Argeo LiMauro, as Administrator of The Estate of Maureen LiMauro, Deceased, et al., Respondents, and Aetna Casualty and Surety Company, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1985.


Attorney(s) appearing for the Case

Michael Majewski, Salvatore A. Mazzoni and Joseph D. Ahearn for appellant.

Martin S. Rothman, Mark S. Silberglitt and Alyne I. Diamond for State Farm Fire and Casualty Company, respondent.

Chief Judge WACHTLER and Judges JASEN, SIMONS, KAYE, ALEXANDER and BOOMER concur; Judge TITONE taking no part.


MEYER, J.

An umbrella policy, which covers multiple risks but offers no primary coverage as to any of them and provides that it "shall be in excess of, and shall not contribute with" other collectible insurance covering a loss available to the insured, except such as in excess of the limits of the umbrella policy, is not required to contribute toward a loss until the limits of a liability policy covering the...

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