EVEREADY INSURANCE COMPANY v. ILLINOIS NATIONAL INSURANCE COMPANY


62 A.D.3d 404 (2009)

879 N.Y.S.2d 72

EVEREADY INSURANCE COMPANY, Appellant, v. ILLINOIS NATIONAL INSURANCE COMPANY, Defendant, and AMERICAN HOME ASSURANCE COMPANY, Respondent.

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

Decided May 5, 2009.


The clear and unambiguous "other insurance" clause of defendant's policy limits its policy to "excess" coverage where a covered accident involves a vehicle not owned by its insured, Domino's Pizza. As it was undisputed that the vehicle involved in the accident belonged to plaintiff's insured, a deliveryman for Domino's Pizza who was making a pizza delivery, defendant is an excess insurer required to contribute to the settlement only after the exhaustion of plaintiff's policy...

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