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METRO-NORTH COMMUTER RAILROAD COMPANY v. YONKERS CONTRACTING COMPANY

256 A.D.2d 32 (1998)

680 N.Y.S.2d 537

METRO-NORTH COMMUTER RAILROAD COMPANY et al., Appellants, v. YONKERS CONTRACTING COMPANY, Defendant, and UNDERWRITERS AT LLOYD'S LONDON, Respondent. JOHN D. FENN, on Behalf of Himself and Certain Underwriters at Lloyd's London, Sued Herein as UNDERWRITERS AT LLOYD'S LONDON, Third-Party Plaintiff-Respondent, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Third-Party Defendant-Appellant.

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

Decided December 3, 1998.

The trial court erred in finding that the applications for insurance were an "integral" part of the subject insurance policy underwritten by Lloyd's. It is undisputed that the policy itself contained no reference to the applications nor is there any evidence that the applications were attached thereto. The policy unambiguously provided coverage to Metro-North Commuter Railroad Company's employees who were assigned to work on the project under the direction of the defendant...

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