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N. RIV. INS. v. UNITED NATL.

172 A.D.2d 46 (1991)

North River Insurance Company, Appellant-Respondent, v. United National Insurance Company, Respondent-Appellant

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

December 3, 1991

Attorney(s) appearing for the Case

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

Mark S. Moroknek of counsel (Ayers & Thompson, P. C., attorneys), for respondent-appellant.

MURPHY, P. J., ELLERIN, KASSAL and SMITH, JJ., concur.

MILONAS, J.

In a prior appeal in this action, this court determined both insurers' policies covered the third-party liability of the insured, Summit Hoisting Corp., to Starrett Brothers and Eken arising out of injuries suffered by Summit employee, Thomas Gilson. We remanded the matter for an apportionment of the loss [152 A.D.2d 500]. The personal injury action was settled...

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