Agway Insurance Companies v. Williamson
Cases that cite this one
3 later published cases cite this decision.
- CNA Insurance v. Carl R. Cacioppo Electrical Contractors, Inc. (Appellate Division of the Supreme Court of New York 1994)
- CHS, Inc. v. Land O'Lakes Purina Feed, LLC (Appellate Division of the Supreme Court of New York 2021)
- Frost v. Monter (Appellate Division of the Supreme Court of New York 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Peter and Cheryl Kaszynski suffered a fire loss on their farm. Their insurer, Agway Insurance Companies (Agway), voluntarily paid them $42,000 in extra coverage they had requested but did not receive because of the alleged failure of one or more of the defendant brokers to secure it. Agway made the payment on the condition that the Kaszynskis assign to Agway their right of recovery against defendants for breach of contract and negligence.
Supreme Court properly granted the motion of defendant Knight Agency, Inc. to substitute Agway as a party plaintiff. Since Agway has completely reimbursed the Kaszynskis for their loss, Agway is the real party in interest in this lawsuit (see, 71 NY Jur 2d, Insurance, § 1922). CPLR 1004 is no bar to Agway being substituted as the named plaintiff.
Supreme Court also properly denied defendants’ motion for summary judgment, which requested a limitation on damages to the amount of premiums the Kaszynskis would have paid for the additional coverage. Since Agway voluntarily paid the excess coverage, its interest is not so limited, as a matter of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.