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FITCH v. TURNER CONSTRUCTION COMPANY

1 A.D.3d 176 (2003)

767 N.Y.S.2d 28

DOROTHY FITCH, Individually and as Administratrix of the Estate of CRAIG FITCH, Deceased, Plaintiff, v. TURNER CONSTRUCTION COMPANY et al., Defendants. (And Other Actions.) TURNER CONSTRUCTION COMPANY et al., Third Third-Party Plaintiffs-Respondents, v. OWEN STEEL COMPANY, INC., et al., Third Third-Party Defendants-Respondents, and AMERICAN STEEL ERECTORS, INC., et al., Third Third-Party Defendants-Appellants.

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

November 13, 2003.

Wausau Insurance Company, the party in interest, provided coverage to subcontractor Owen Steel Company under a policy that named the contractor, defendant Turner Construction Company, and the project owners as additional insureds. Pursuant to the stipulated settlement of a claim brought by an employee of Owen Steel's subcontractor, appellant American Steel Erectors, Inc., Wausau paid $900,000, which it now seeks to recover from American and its insurer, Reliance National...

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