PECKER IRON v. TRAVELER'S INS


99 N.Y.2d 391 (2003)

786 N.E.2d 863

756 N.Y.S.2d 822

PECKER IRON WORKS OF NEW YORK, INC., Respondent, v. TRAVELER'S INSURANCE COMPANY, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 13, 2003.


Attorney(s) appearing for the Case

Lazare Potter Giacovas & Kranjac LLP, New York City (Stephen M. Lazare of counsel), for appellant.

Ahmuty, Demers & McManus, Albertson (Brendan T. Fitzpatrick and Glenn A. Kaminska of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, GRAFFEO and READ concur.


OPINION OF THE COURT

ROSENBLATT, J.

This case involves the relative obligations of two liability insurance carriers covering the same risk. The outcome turns on whether the insurance policy in question extends primary or merely excess coverage to "additional insureds." We conclude that the policy provides primary coverage, and therefore affirm the order of the Appellate Division.

At the time of the injury giving rise to the present dispute, Pecker...

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