New York Court of Appeals

Lumbermens Mutual Casualty Company v. Allstate Insurance Company

December 22, 198051 N.Y.2d 651

Summary

The New York Court of Appeals reversed the Appellate Division and granted a declaratory judgment that the Lumbermens catastrophe policy provides coverage in excess of the Allstate policies, rejecting the general rule of ratable contribution among multiple excess insurers where the contracts expressly create tiered excess coverage.