UTICA MUTUAL INSURANCE COMPANY v. ERIE INSURANCE COMPANY

430 CA 12-01413.

107 A.D.3d 1522 (2013)

966 N.Y.S.2d 790

2013 NY Slip Op 4459

UTICA MUTUAL INSURANCE COMPANY et al., Respondents, v. ERIE INSURANCE COMPANY, Appellant. (Appeal No. 1.)

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

Decided June 14, 2013.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, plaintiffs' motion is denied, defendant's cross motion is granted, and judgment is granted in favor of defendant as follows:

It is adjudged and declared that plaintiff Utica Mutual Insurance Company and defendant are both excess insurers with regard to the underlying action, that the excess coverage clauses in each policy cancel out each other, and that each insurer...

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