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COUGHLAN v. TURNER CONSTRUCTION COMPANY

296 A.D.2d 342 (2002)

745 N.Y.S.2d 164

JOHN COUGHLAN et al., Plaintiffs, v. TURNER CONSTRUCTION COMPANY et al., Defendants and Third-Party Plaintiffs-Appellants. F.P. RYAN TRUCKING, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants. TURNER CONSTRUCTION COMPANY et al., Second Third-Party Plaintiffs-Appellants, v. CANRON CONSTRUCTION CORPORATION, Second Third-Party Defendant-Respondent.

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

Decided July 18, 2002.

An insurance carrier has no right of subrogation against its own insured to recover for a claim which arises out of the very same risk for which the insured is covered (Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 N.Y.2d 465, 468). Canron Construction Corporation is a named insured of Continental Insurance Company, which also insured defendants and third-party plaintiffs. The contract between the parties constituted an "insured...

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