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AETNA CAS. & SUR. CO. v. S. SISKIND & SONS, INC.

209 A.D.2d 215 (1994)

618 N.Y.S.2d 314

Aetna Casualty and Surety Company, Appellant-Respondent, v. S. Siskind & Sons, Inc., et al., Respondents-Appellants, and Thomas Barkley et al., Respondents S. Siskind & Sons, Inc., et al., Third-Party Plaintiffs-Respondents, v. Barbara J. Gruen et al., Third-Party Defendants-Appellants

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

November 10, 1994

The IAS Court correctly held that the insurer has a right of subrogation against the third-party tortfeasors for the payment the insurer made to the insureds for extended economic loss under a no-fault policy, since the release that the insureds gave in the underlying tort action was accepted by the third-party tortfeasors after the insurer had paid the insureds and indeed after the insurer had commenced this subrogation action (Aetna Cas. & Sur. Co. v Bekins Van Lines...

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