New York Court of Appeals

Federal Insurance Company, Appellant v. Arthur Andersen & Co., Respondent

February 22, 199075 N.Y.2d 366

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the fidelity insurer may sue the auditor as an equitable subrogee despite having made only a partial payment to its insured and despite the doctrine of superior equities, and that the insurer's rights do not depend on a contractual subrogation agreement.