NORTH AM. IRON & STEEL CO., INC. v. ISAACSON STEEL ERECTORS, INC.


36 A.D.2d 770 (1971)

North American Iron & Steel Co., Inc., Plaintiff, v. Isaacson Steel Erectors, Inc., Defendant and Third-Party Plaintiff-Respondent. United States Fidelity & Guaranty Company et al., Third-Party Defendants-Appellants. (And a Fourth-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 29, 1971


Judgment reversed insofar as appealed from, on the law and the facts, with costs, and third-party complaint dismissed.

The specific question before this court is the validity of the third-party complaint, in which the defendant and third-party plaintiff ("Isaacson") sought to hold the third-party defendant insurers ("insurers") for their failure to defend the main action. The vital issue is whether a certain exclusionary clause in the comprehensive liability policy...

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