New York Court of Appeals

Herbert Winkelmann, Appellants v. Excelsior Insurance Company, Respondent

May 9, 199585 N.Y.2d 577

Summary

The Court held that an insurer who has fully satisfied its policy obligations may pursue its subrogation claim against a third‑party tortfeasor before the insured has been made whole, and therefore affirmed the Appellate Division’s dismissal of the plaintiffs’ action against Excelsior.