Progressive Casualty Insurance v. Allstate Insurance

Appellate Division of the Supreme Court of New York

Progressive Casualty Insurance v. Allstate Insurance

191 A.D.2d 955, 595 N.Y.S.2d 144, 1993 N.Y. App. Div. LEXIS 2897

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1993

StatusPublished

This text of 191 A.D.2d 955 (Progressive Casualty Insurance v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Progressive Casualty Insurance v. Allstate Insurance, 191 A.D.2d 955, 595 N.Y.S.2d 144, 1993 N.Y. App. Div. LEXIS 2897 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court erred in granting plaintiff's motion for summary judgment but properly denied defendant’s cross motion for summary judgment. Each party sought a declaration that the other’s insurance policy coverage was primary. That determination, however, cannot be made without a review of both policies, and only defendant’s policy is in the record. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Declaratory Judgment.) Present — Callahan, J. P., Pine, Lawton, Boehm and Fallon, JJ.

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Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court erred in granting plaintiff's motion for summary judgment but properly denied defendant’s cross motion for summary judgment. Each party sought a declaration that the other’s insurance policy coverage was primary. That determination, however, cannot be made without a review of both policies, and only defendant’s policy is in the record. (Appeal from Order of Supreme Court, Erie County, Joslin, J. — Declaratory Judgment.) Present — Callahan, J. P., Pine, Lawton, Boehm and Fallon, JJ.

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Bluebook (online)

191 A.D.2d 955, 595 N.Y.S.2d 144, 1993 N.Y. App. Div. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/progressive-casualty-insurance-v-allstate-insurance-nyappdiv-1993.