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JEFFERSON INS. v. TRAVELERS

92 N.Y.2d 363 (1998)

703 N.E.2d 1221

681 N.Y.S.2d 208

Jefferson Insurance Company of New York, Respondent, v. Travelers Indemnity Company, Appellant, and Reliance Insurance Company, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 27, 1998.

Attorney(s) appearing for the Case

Werner & Kennedy, New York City (John M. Nonna, Brendan M. Kennedy, Patricia A. Taylor and Stephen T. Brewi of counsel), for appellant.

Herzfeld & Rubin, P. C., New York City (David B. Hamm and Herbert Rubin of counsel), for Jefferson Insurance Company of New York, respondent.

Pellini & Poblete, New York City (James Burbage and John T. Pellini of counsel), for Reliance Insurance Company, respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and WESLEY concur.

CIPARICK, J.

In addition to interpreting various insurance policy provisions in this case, we must decide whether the antisubrogation rule promulgated in Pennsylvania Gen. Ins. Co. v Austin Powder Co. (68 N.Y.2d 465) bars a claim of indemnity by an excess and primary carrier of insurance purchased by the owner of a leased van against the lessee's carrier.

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