CONT'L CAS v. EQUITABLE


52 N.Y.2d 228 (1981)

Continental Casualty Company, Appellant, v. Equitable Life Assurance Society of the United States, Respondent.

Court of Appeals of the State of New York.

Decided February 24, 1981.


Attorney(s) appearing for the Case

Eleanor R. Goldman and John B. Foley for appellant.

Michael W. Brody and Werner Weinstock for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


JASEN, J.

We are called upon to decide whether and to what extent each of two insurers is liable for a single risk. At issue is the potential responsibility of these insurers to make disability payments to certain employees of Control Data Corporation who originally became disabled while a policy of group disability insurance issued by plaintiff Continental Casualty Company was in force and who suffered a "recurrence...

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