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Kansas City Fire & Marine Insurance v. Hartford Insurance Group

442 N.E.2d 1271, 57 N.Y.2d 920, 456 N.Y.S.2d 760, 1982 N.Y. LEXIS 3793
CourtNew York Court of Appeals
DecidedOctober 19, 1982
StatusPublished
Cited by12 cases

This text of 442 N.E.2d 1271 (Kansas City Fire & Marine Insurance v. Hartford Insurance Group) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kansas City Fire & Marine Insurance v. Hartford Insurance Group, 442 N.E.2d 1271, 57 N.Y.2d 920, 456 N.Y.S.2d 760, 1982 N.Y. LEXIS 3793 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from and the order brought up for review should be reversed and judgment granted declaring that Hartford and Jefferson are to contribute in amounts in accordance with their settlement agreement. Mutual excess policies covering the same risk cancel each other out (Federal Ins. Co. v Atlantic Nat. Ins. Co., 25 NY2d 71). Here, neither clause contains language specifically making one an excess insurer over all other excess insurers [923]*923covering the same risk, and neither one contains language the plain meaning of which would be distorted by the application of the general rule (contrast Lumbermens Mut. Cas. Co. v Allstate Ins. Co., 51 NY2d 651, with Public Serv. Mut. Ins. Co. v Firemen’s Fund Amer. Ins. Cos., 55 NY2d 868). Accordingly, the insurers have presented no basis upon which to alter the terms of their settlement agreement.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order appealed from and order brought up for review reversed, with costs, and judgment granted in accordance with the memorandum herein.

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Bluebook (online)
442 N.E.2d 1271, 57 N.Y.2d 920, 456 N.Y.S.2d 760, 1982 N.Y. LEXIS 3793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-city-fire-marine-insurance-v-hartford-insurance-group-ny-1982.