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KAJIMA CONSTRUCTION SERVICES, INC. v. CATI, INC.

302 A.D.2d 228 (2003)

755 N.Y.S.2d 375

KAJIMA CONSTRUCTION SERVICES, INC., et al., Appellants-Respondents, v. CATI, INC., et al., Defendants, and INVESTORS INSURANCE COMPANY OF AMERICA, Respondent-Appellant.

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

Decided February 11, 2003.

The IAS court properly found that it cannot be determined whether plaintiff KCS is entitled to primary liability coverage under the policy issued by Investors until a determination as to liability is made in the underlying action. The additional insured endorsement in the Investors policy specifically provides that the additional insured coverage will be primary only if the underlying claim is determined to be solely as a result...

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