Court of Appeals of New York

When two coincidental primary insurance policies exist, one excess to the other by reason of competing "other insurance" provisions, and where the excess carrier has voluntarily assumed and marshaled the insured's defense, an allocation of defense costs based on primary policy limits is appropriate.

Appellate Information

• Decided 03/31/2005
• Published 03/31/2005

Judges

Court

• Court of Appeals of New York

Counsel