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SPORT ROCK v. AMERICAN CAS.

65 A.D.3d 12 (2009)

878 N.Y.S.2d 339

SPORT ROCK INTERNATIONAL, INC., et al., Appellants, v. AMERICAN CASUALTY COMPANY OF READING, PA., Respondent.

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

Decided May 12, 2009.

Attorney(s) appearing for the Case

Callan, Koster, Brady & Brennan, LLP, New York City (Michael P. Kandler of counsel), for appellants.

Bonner Kiernan Trebach & Crociata, LLP, New York City (Alexander H. Gillespie of counsel), for respondent.

TOM, J.P., and BUCKLEY, J., concur with FRIEDMAN, J.; SAXE and CATTERSON, JJ., concur in a separate opinion by SAXE, J.

OPINION OF THE COURT

FRIEDMAN, J.

The main question presented on this appeal is whether the costs of defending an insured in an underlying personal injury action should be allocated between two primary liability insurers or, pursuant to the policies' respective "other insurance" clauses, imposed on only one of the two insurers on a primary basis. Consistent with longstanding precedent, we hold that the carrier whose coverage is rendered excess by reason...

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