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PURITAN INS. CO. v. CONT'L CAS. CO.

195 A.D.2d 291 (1993)

599 N.Y.S.2d 602

Puritan Insurance Company, Respondent, v. Continental Casualty Company, Appellant

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

July 1, 1993

In this declaratory judgment action between insurers of a mutual insured, Pyrolac Corporation, the IAS Court properly determined that summary judgment in defendant Continental's favor was precluded by triable issues of fact as to whether the parties had entered into an oral cost-sharing agreement wherein Continental agreed to reimburse plaintiff Puritan for Continental's proportional share of the costs incurred by Puritan in the...

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