1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 3 N.Y.3d
  5. 3 N.Y.3d 577 (2004)
 

EXCESS INS v. FACTORY MUT INS

3 N.Y.3d 577 (2004)

822 N.E.2d 768

789 N.Y.S.2d 461

EXCESS INSURANCE COMPANY LTD. et al., Respondents, v. FACTORY MUTUAL INSURANCE COMPANY, Formerly Known as ALLENDALE MUTUAL INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 2004.

Attorney(s) appearing for the Case

London Fischer LLP, New York City (Bernard London, James L. Fischer and James Walsh of counsel), for appellant.

Kaplan & von Ohlen, Chicago, Illinois (Richard A. Walker, of the Illinois Bar, admitted pro hac vice of counsel), and D'Amato & Lynch, New York City (Jan H. Duffalo of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur with Judge G.B. SMITH; Judge READ dissents and votes to modify by denying both motions for summary judgment in a separate opinion.

OPINION OF THE COURT

G.B. SMITH, J.

The issue presented by this appeal is whether respondents' obligation to pay sums for certain loss adjustment expenses arising from a "follow the settlements" clause is subject to the indemnification limit stated in a reinsurance policy. Like the Appellate Division, we conclude that it is, and therefore affirm the order of the Appellate Division.

In December 1990, appellant Factory Mutual Insurance Company (formerly...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases