Progressive Casualty Insurance v. Allstate Insurance
Progressive Casualty Insurance v. Allstate Insurance
191 A.D.2d 955; 595 N.Y.S.2d 144; 1993 N.Y. App. Div. LEXIS 2897
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.