Pennsylvania General Insurance v. Austin Powder Co.

New York Court of Appeals · Decided 1986-11-25

Cited by 228 later decision(s) in our corpus · see the citation network in Lexace

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OPINION OF THE COURT Titone, J. An insurer has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered. This rule applies even where the insured has expressly agreed to indemnify the party from whom the insurer’s rights are derived and has procured separate insurance covering the same risk. Inasmuch as the cross claim for indemnification in thi…

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