General Motors Acceptance Corporation, Respondents v. Nationwide Insurance Company, Appellant

Summary

The New York Court of Appeals held that when two coincidental primary auto liability policies with identical limits exist, the insurers must share defense costs equally, reversing the Appellate Division and remanding for further proceedings. Justice R.S. Smith, in a concurring opinion, agreed with the result but argued the allocation should be based on the true excess policy and could exceed a 50‑50 split.