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ACE PROPERTY & CASUALTY INSURANCE COMPANY v. FEDERAL-MOGUL CORPORATION

55 A.D.3d 479 (2008)

866 N.Y.S.2d 188

ACE PROPERTY & CASUALTY INSURANCE COMPANY et al., Plaintiffs, and ALLSTATE INSURANCE COMPANY, Appellant, v. FEDERAL-MOGUL CORPORATION et al., Respondents, and ALLIANZ GLOBAL CORPORATE & SPECIALTY AG et al., Appellants, et al., Defendants.

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

October 30, 2008.

The insurers fail to show that the first-filed New Jersey action is vexatious, oppressive or was instituted to obtain some unjust advantage, that New York's interests in this dispute predominate over New Jersey's, or other reason for deviating from the generally followed first-in-time rule (see White Light Prods. v On The Scene Prods., 231 A.D.2d 90, 96-97 [1997]), under which "the court...

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