WINKELMANN v. EXCELSIOR INS.


85 N.Y.2d 577 (1995)

650 N.E.2d 841

626 N.Y.S.2d 994

Herbert Winkelmann et al., Appellants, v. Excelsior Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1995.


Attorney(s) appearing for the Case

Wilkofsky, Friedman, Karel & Cummins, New York City (David B. Karel of counsel), for appellants.

Fardella & Feldman, Smithtown (Robert Fardella and Leonard B. Feldman of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


SIMONS, J.

The narrow issue presented is whether an insurer who has paid its insured the full amount due under a fire policy, but less than the insured's loss, may proceed against the third-party tortfeasor responsible for the loss before the insured has been made whole by the tortfeasor. We conclude that it may and thus affirm the order of the Appellate Division.

Plaintiffs Herbert and Victoria Winkelmann...

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