Atlantic Mut. Ins. Co. v. Am. Motorists Ins. Co.

Full title: ATLANTIC MUTUAL INSURANCE CO. et al., Respondents, v. AMERICAN MOTORISTS…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 17, 1992

181 A.D.2d 519 (N.Y. App. Div. 1992)

581 N.Y.S.2d 35

Opinion

March 17, 1992

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).

As to the issue of defendant's obligation to defend the underlying action, we affirm for the reasons stated by the IAS court. As to allocation of defense costs, we note that, as conceded by defendant at oral argument, the within policies provided successive, rather than concurrent, coverage to the insureds, and each insurer is therefore responsible for an equal share of defense costs (cf., North Riv. Ins. Co. v United Natl. Ins. Co., 172 A.D.2d 46).

Concur — Murphy, P.J., Ellerin, Wallach and Smith, JJ.