Corva v. United Services Automobile Association
Supreme Court of New York, Appellate Division, First Department
485 N.Y.S.2d 264 (1985)
Corva (plaintiff) settled a personal-injury claim for $15,000 partly because USAA's (defendant's) representatives misrepresented that amount as the coverage limit to Corva's law firm, M&C; Corva then sued USAA and its representatives for misrepresentation, and USAA cross-complained against M&C for failing to independently verify the actual policy limits, but the trial court dismissed the cross-complaints, reasoning that finding M&C justifiably relied on the misrepresentation would be inconsistent with also finding M&C negligent for not verifying it.
Whether, in New York, damages may be apportioned among culpable parties regardless of the degree or nature of the concurring fault.