GENERAL MOTORS ACCEPTANCE CORPORATION v. NATIONWIDE INSURANCE COMPANY


5 A.D.3d 252 (2004)

773 N.Y.S.2d 293

GENERAL MOTORS ACCEPTANCE CORPORATION et al., Respondents, v. NATIONWIDE INSURANCE COMPANY, Appellant.

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

March 18, 2004.


The underlying actions were brought against the driver of a rental car. By virtue of the lease, the rental company is an additional insured under the driver's policy with Nationwide; the rental company is also separately insured under a much larger policy with Firemen's. Nationwide does not dispute that it is the primary insurer and that Firemen's is the excess insurer, and that a primary insurer is generally obligated to defend without entitlement to contribution from an...

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