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THE GAP v. FIREMAN'S FUND INS.

11 A.D.3d 108 (2004)

782 N.Y.S.2d 242

THE GAP, INC., Respondent, v FIREMAN'S FUND INSURANCE COMPANY, Appellant.

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

September 16, 2004.

Attorney(s) appearing for the Case

Lustig & Brown, LLP, New York City (Michael L. Stonberg and Randolph E. Sarnacki of counsel), for appellant.

McAndrew, Conboy & Prisco, LLP, Woodbury (Robert M. Ortiz of counsel), for respondent.

NARDELLI, J.P., TOM, WILLIAMS and LERNER, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

Plaintiff The Gap was named as an additional insured on the standard commercial general liability portion of a portfolio insurance policy issued by defendant Fireman's Fund Insurance Company to nonparty Fisher Development, Inc. (FDI), a general construction contractor engaged to perform construction and improvement work at several of The Gap's sites. During the policy period, The Gap sustained damage to its premises at 45...

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