NEW YORK STATE INS. FUND v. EVEREST NATL. INS. CO.

14299, 403198/09.

125 A.D.3d 536 (2015)

1 N.Y.S.3d 809

NEW YORK STATE INSURANCE FUND, Respondent, v. EVEREST NATIONAL INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided February 24, 2015.


The commercial excess liability policy issued by Everest to El Sol unambiguously provided that Everest's obligation was to pay the lesser of the $2 million coverage limit called for under the trade contract between El Sol and nonparty Triborough Bridge and Tunnel Authority or the $10 million limit of the Everest policy. Everest's argument that it is entitled to an off-set of the $1 million paid by the primary insurer towards the underlying claim is unsupported in the policy...

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