New York Court of Appeals

State Farm Fire and Casualty Company, Respondent v. Argeo LiMauro, as Administrator of the Estate of Maureen…

July 2, 198565 N.Y.2d 369

Summary

The Court of Appeals affirmed the Appellate Division's order that State Farm Fire and Casualty Company's umbrella "success protector" policy is not required to contribute to any judgment until the limits of the primary automobile policies issued by State Farm Mutual and Aetna have been exhausted. The decision rests on a detailed construction of the policies' "other insurance" clauses, the purpose of the policies, and the premiums paid, concluding that the Fire policy is excess‑only and expressly excludes contribution with other valid insurance except for coverage purchased as excess of its own retained limits.