LEXINGTON INS. CO. v. ALLSTATE INS. CO.

2016-02222. Index No. 15767/12.

151 A.D.3d 1045 (2017)

58 N.Y.S.3d 116

2017 NY Slip Op 05213

LEXINGTON INSURANCE COMPANY, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided June 28, 2017.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion for summary judgment on the complaint and declaring that the plaintiff's policy provided only excess insurance coverage for a loss and that the defendant's policy provided primary insurance coverage for that loss, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff...

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