NATIONAL CASUALTY COMPANY v. ALLCITY INSURANCE COMPANY


290 A.D.2d 362 (2002)

737 N.Y.S.2d 70

NATIONAL CASUALTY COMPANY, Respondent, v. ALLCITY INSURANCE COMPANY, Appellant.

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

Decided January 29, 2002.


The record shows that the owner and the general contractor were additional insureds on the general liability policy obtained by the subcontractor (employer of the plaintiff in the underlying action) from plaintiff National Casualty Company (National). Although National did not assume its obligation to defend and indemnify the owner and the general contractor (it did retain and pay for counsel to represent the subcontractor), the third-party action sought to impose that obligation...

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