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

Appellate Division of the Supreme Court of the State of New York·Decided March 12, 1993·Published

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.

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).

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191 A.D.2d 955 (Progressive Casualty Insurance v. Allstate Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.