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LARSON v. CITY OF NEW YORK

214 A.D.2d 413 (1995)

625 N.Y.S.2d 898

Robert Larson, Plaintiff, v. City of New York et al., Defendants. NAB Construction Corp., Third-Party Plaintiff-Respondent, v. Simpson Metal Industries, Inc., Third-Party Defendant-Appellant

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

April 18, 1995

As the employee exclusion in the National Union insurance policy clearly bars coverage of Simpson Metal's employee's alleged on-the-job injuries (plaintiff Larson), the anti-subrogation rule does not apply here. (See, North Star Reins. Corp. v Continental Ins. Co., 82 N.Y.2d 281, 296.) We also note that there is insufficient evidence in the record to demonstrate that NAB Construction and Simpson Metal are "united in interest...

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