ATL. MUT. INS. CO. v. AM. MOTORISTS INS. CO.


181 A.D.2d 519 (1992)

Atlantic Mutual Insurance Co. et al., Respondents, v. American Motorists Insurance Co., Appellant

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

March 17, 1992


As to the issue of defendant's obligation to defend the underlying action, we affirm for the reasons stated by the IAS court. As to allocation of defense costs, we note that, as conceded by defendant at oral argument, the within policies provided successive, rather than concurrent, coverage to the insureds, and each insurer is therefore responsible for an equal share of defense costs (cf., North Riv. Ins. Co. v United Natl. Ins. Co., 172 A.D...

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