Pennsylvania General Insurance Company v. Austin Powder Company Et Al‪.‬

[68 N.Y.2d 465 Page 468] Opinion OF THE COURT An insurer has no right of subrogation against its own insured for a claim arising from the very risk for which the insured was covered. This rule applies even where the insured has expressly agreed to indemnify the party from whom the insurer's rights are derived and has procured separate insurance covering the same risk. Inasmuch as the cross claim for indemnification in this case sought relief inconsistent with these principles, the Appellate Division was correct in affirming its dismissal.