ESURANCE v. LOUIS PROVENZANO, INC.


49 A.D.3d 377 (2008)

852 N.Y.S.2d 770

ESURANCE, as Subrogee of CHRIS ZIMMAN, Respondent, v. LOUIS PROVENZANO, INC., Appellant.

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

Decided March 13, 2008.


On the issue of standing, while the record establishes that Esurance Insurance Services, Inc. (EISI) paid the insured his loss caused by the theft of his car from defendant's parking garage, the precise relationship between Argonaut Insurance Company, the insurer that issued the policy, Esurance, the named plaintiff, and EISI remains unclear, raising issues of fact as to plaintiff's entitlement to equitable subrogation. On the merits, issues of fact preclude summary judgment...

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