ALLCITY INSURANCE COMPANY v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


23 A.D.3d 208 (2005)

804 N.Y.S.2d 62

ALLCITY INSURANCE COMPANY, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Defendants, and HANOVER INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 10, 2005.


Defendant-respondent did not provide coverage to the Transit Authority, the certificate of insurance notwithstanding (see Insurance Corp. of N.Y. v U.S. Underwriters Ins. Co., 11 A.D.3d 235 [2004]), and its denial of control over or involvement in the third-party action commenced by the Transit Authority against its insured was unrebutted. Thus, there was no possibility it would be subrogated to its own insured (cf. National Union...

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