AETNA CAS. & SUR. CO. v. LUMBERMENS MUT. CAS. CO.


152 A.D.2d 1003 (1989)

Aetna Casualty and Surety Company, Appellant, v. Lumbermens Mutual Casualty Company, Respondent

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

July 12, 1989


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Plaintiff, Aetna Casualty and Surety Company (Aetna), and defendant, Lumbermens Mutual Casualty Company (Lumbermens), are coinsurers of John W. Cowper Co., Inc. (Cowper). Lumbermens denied contractual liability coverage for the payment of a personal injury claim against Cowper. A settlement agreement was entered into between claimant and the two insurers whereby Aetna, which admitted...

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