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  5. 175 A.D.2d 632 (1991)
 

PUB. SERV. TRUCK RENTING, INC. v. AMBASSADOR INS. CO.

175 A.D.2d 632 (1991)

Public Service Truck Renting, Inc., Plaintiff, v. Ambassador Insurance Company et al., Defendants. Merchants Mutual Insurance Company, Individually and as Subrogee of Toth Trucking Company, Inc., Respondent-Appellant, et al., Plaintiff, v. Ambassador Insurance Company, Inc., Respondent-Appellant, Fireman's Fund Insurance Company, Respondent, and Public Service Truck Renting, Inc., Appellant and Third-Party Plaintiff-Respondent. Genatt Associates, Inc., Third-Party Defendant-Respondent-Appellant

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

July 12, 1991

Order unanimously affirmed without costs.

Memorandum:

The general rule is that "an insurer may not be subrogated to a claim against its own insured, at least when the claim arises from an incident for which the insurer's policy covers that insured" (Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 N.Y.2d 465, 471). In that case, however, the subrogation claim was based upon an express agreement by the insured to...

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