Avis Rent-a-Car, Inc. v. Centennial Insurance

Appellate Division of the Supreme Court of New York

Avis Rent-a-Car, Inc. v. Centennial Insurance

151 A.D.2d 237

Appellate Division of the Supreme Court of the State of New York·Decided June 6, 1989·Published

Opinion

Order and judgment (one paper) of the Supreme Court, New York County (Edward Greenfield, J.), entered on July 17, 1987, which directed that plaintiff Avis Rent-A-Car have indemnification against defendant Centennial Insurance Company in the sum of $500,000, is unanimously modified on the law and the facts to the extent of directing Centennial to indemnify Avis in the amount of $450,000, and otherwise affirmed, without costs or disbursements.

Plaintiff-respondent Avis Rent-A-Car concedes that the calculation by the Supreme Court was incorrect and that the amount of its indemnification by defendant-appellant Centennial Insurance Company should properly be $450,000, which sum is obtained by deducting the amount of the primary insurance policy, or $200,000, from the cost of the settlement of $650,000, resulting in excess coverage of $450,000 on the operator. We have considered defendant’s other arguments and find them to be without merit. Concur — Murphy P. J., Sullivan, Carro, Milonas and Smith, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order and judgment (one paper) of the Supreme Court, New York County (Edward Greenfield, J.), entered on July 17, 1987, which directed that plaintiff Avis Rent-A-Car have indemnification against defendant Centennial Insurance Company in the sum of $500,000, is unanimously modified on the law and the facts to the extent of directing Centennial to indemnify Avis in the amount of $450,000, and otherwise affirmed, without costs or disbursements.

Plaintiff-respondent Avis Rent-A-Car concedes that the calculation by the Supreme Court was incorrect and that the amount of its indemnification by defendant-appellant Centennial Insurance Company should properly be $450,000, which sum is obtained by deducting the amount of the primary insurance policy, or $200,000, from the cost of the settlement of $650,000, resulting in excess coverage of $450,000 on the operator. We have considered defendant’s other arguments and find them to be without merit. Concur — Murphy P. J., Sullivan, Carro, Milonas and Smith, JJ.

Avis Rent-a-Car, Inc. v. Centennial Insurance, 151 A.D.2d 237 (N.Y. Ct. App. 1989).

Pincite

151 A.D.2d 237 (Avis Rent-a-Car, Inc. v. Centennial Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.