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Liberty Insurance Corp. v. Admiral Insurance Co.

Citation: 688 F. App'x 91Docket: No. 16-1983-cv

Court: Court of Appeals for the Second Circuit; April 25, 2017; Federal Appellate Court

Narrative Opinion Summary

Admiral Insurance Company appeals a judgment from the District Court that granted summary judgment in favor of Liberty Insurance Corporation. The District Court determined, under New York law, that Admiral's insurance policy required coverage of litigation costs for certain additional insureds on a primary basis, while Liberty's policy offered only excess coverage. The District Court interpreted the "Other Insurance" clause in Liberty's policy to indicate that it is primary only regarding the additional insureds' own policies, meaning it does not provide primary coverage in relation to Admiral's policy. The interpretation aligns with the reasonable expectations of a business person and ensures the clause maintains its intended effect. Consequently, the District Court concluded that Liberty's policy is excess to Admiral's policy, rather than co-primary. Admiral's additional arguments were considered and found to lack merit. The judgment of the District Court is therefore affirmed.

Legal Issues Addressed

Affirmation of Lower Court's Judgment on Insurance Coverage Dispute

Application: The appellate court affirmed the District Court's judgment, finding no merit in Admiral's additional arguments.

Reasoning: Admiral's additional arguments were considered and found to lack merit. The judgment of the District Court is therefore affirmed.

Determination of Primary and Excess Insurance Coverage

Application: The court concluded that Admiral's policy provides primary coverage for litigation costs, while Liberty's policy provides excess coverage.

Reasoning: The District Court determined, under New York law, that Admiral's insurance policy required coverage of litigation costs for certain additional insureds on a primary basis, while Liberty's policy offered only excess coverage.

Interpretation of 'Other Insurance' Clause under New York Law

Application: The District Court interpreted the 'Other Insurance' clause in Liberty's policy to determine the order of coverage between two insurers for additional insureds.

Reasoning: The District Court interpreted the 'Other Insurance' clause in Liberty's policy to indicate that it is primary only regarding the additional insureds' own policies, meaning it does not provide primary coverage in relation to Admiral's policy.

Reasonable Expectations in Insurance Contract Interpretation

Application: The interpretation of the insurance policy's clauses was aligned with the reasonable expectations of a business person, ensuring the clause maintains its intended effect.

Reasoning: The interpretation aligns with the reasonable expectations of a business person and ensures the clause maintains its intended effect.