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FED. INS. CO. v. RYDER TRUCK RENTAL, INC.

82 N.Y.2d 909 (1994)

631 N.E.2d 115

609 N.Y.S.2d 173

Federal Insurance Company et al., Respondents, v. Ryder Truck Rental, Inc., et al., Appellants-Respondents, and Aetna Casualty & Surety Company et al., Respondents-Appellants, and Superintendent of Insurance of the State of New York, as Liquidator of Midland Insurance Company, Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided January 18, 1994.

Attorney(s) appearing for the Case

Barry, McTiernan & Moore, New York City (William E. Fay, III, of counsel), for appellants-respondents.

Leahey & Johnson, P. C., New York City (Asher Marcus and Michael Conforti of counsel), for Aetna Casualty & Surety Company, respondent-appellant.

Smith Mazure Director Wilkins Young Yagerman & Tarallo, P. C., New York City (Lewis I. Wolf of counsel), for George R. Nadramia and another, respondents-appellants.

Acito & Klein, P. C., New York City (Elinore B. Klein of counsel), for Federal Insurance Company and another, respondents.

Shayne, Dachs, Stanisci, Corker & Sauer, Mineola (Norman H. Dachs of counsel), for the Superintendent of Insurance, respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur in memorandum; Judges TITONE and SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this action primarily among insurers to apportion liability for a $1.75 million settlement in a personal injury action, we agree with the Appellate Division that the $1 million business auto policy issued to Mirage Enterprises provides excess coverage. Regardless of the finding...

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