PENN GEN INS CO v. AUSTIN CO


68 N.Y.2d 465 (1986)

Pennsylvania General Insurance Company, as Subrogee of Anthony J. Krupa, Plaintiff, v. Austin Powder Company et al., Appellants-Respondents, et al., Defendants, and Bison Ford Truck Sales, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1986.


Attorney(s) appearing for the Case

Sheldon Hurwitz and Dan D. Kohane for respondent-appellant.

Peter J. Murrett, III, for appellants-respondents.

Chief Judge WACHTLER and Judges MEYER, KAYE and ALEXANDER concur; Judges SIMONS and HANCOCK, JR., taking no part.


TITONE, J.

An insurer has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered. This rule applies even where the insured has expressly agreed to indemnify the party from whom the insurer's rights are derived and has procured separate insurance covering the same risk. Inasmuch as the cross claim for indemnification in this case sought relief inconsistent...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases