North Star Reinsurance Corporation, Respondent-Appellant,
v.
Continental Insurance Company, Respondent, and U.S. Fire Insurance Company, Appellant-Respondent.
Flora Valentin, as Administratrix Ad Prosequendum of The Estate of Julio Feliciano, Deceased, Respondent,
v.
City of New York et al., Appellants and Third-Party Plaintiffs-Appellants. EMD Construction Corp., Third-Party Defendant-Respondent.
Donald M. Prince et al., Plaintiffs,
v.
City of New York, Defendant and Third-Party Plaintiff-Appellant. Slattery-Argrett Joint Venture Co., Third-Party Defendant-Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 9, 1993.
Decided November 16, 1993.
Attorney(s) appearing for the Case
Stock, Tinari, Paar, Matthews, O'Connell & Osborn, Mineola (Thomas J. Stock, Thomas A. Osborn and James F. Matthews of counsel), for appellant-respondent in the first above-entitled action.
Quirk and Bakalor, P. C., New York City (Richard Bakalor of counsel), for respondent-appellant in the first above-entitled action.
Alio, Caiati & McDonough, New York City (John J. McDonough and Kevin A. Jones of counsel), for respondent in the first above-entitled action.
Ohrenstein & Brown, New York City (Mark J. Bunim and Jon D. Lichtenstein of counsel), for appellants and third-party plaintiffs-appellants in the second above-entitled action.
Herzfeld & Rubin, P. C., New York City (David B. Hamm, Herbert Rubin and Linda M. Brown of counsel), and Raymond C. Green for third-party defendant-respondent in the second above-entitled action.
Morris, Duffy, Alonso & Marulli, New York City (Irwin H. Haut of counsel), for defendant and third-party plaintiff-appellant in the third above-entitled action.
Ahmuty, Demers and McManus, Albertson (Frederick B. Simpson of counsel), for third-party defendant-respondent in the third above-entitled action.
Judges TITONE, HANCOCK, JR., and LEVINE concur with Chief Judge KAYE; Judge SIMONS dissents in a separate opinion in which Judges BELLACOSA and SMITH concur.
Court of Appeals of the State of New York.
Chief Judge KAYE.
These cases, which originated as damages claims for employees' work site injuries, are today solely contests among insurance carriers over which insurance policy should bear the loss. The novel issue presented is whether this Court will recognize the doctrine of "preindemnification" asserted by insurers for the employer-contractors (the primary wrongdoers) to put the insurance coverage of the...
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