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SUMO CONTAINER STATION, INC. v. EVANS, ORR, PACELLI, NORTON & LAFFAN, P. C.

278 A.D.2d 169 (2000)

719 N.Y.S.2d 223

SUMO CONTAINER STATION, INC., Appellant, v. EVANS, ORR, PACELLI, NORTON & LAFFAN, P. C., et al., Respondents.

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

Decided December 28, 2000.

In late 1987, plaintiffs in the underlying action sued Sumo and Hertz Penske Truck Leasing Inc. (Hertz) alleging that, in a November 1985 accident, their car had been struck by a truck that Sumo leased from Hertz. Kemper, Hertz's insurer, assigned O'Brien to represent both Sumo and Hertz but issued a reservation of rights indicating that it would disclaim coverage if it was determined that a Sumo-owned, rather than a Hertz-owned truck, was responsible for the accident. In...

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