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BP A.C. CORP. v. ONE BEACON

33 A.D.3d 116 (2006)

821 N.Y.S.2d 1

BP AIR CONDITIONING CORP., Appellant-Respondent, v. ONE BEACON INSURANCE GROUP, Respondent-Appellant.

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

July 6, 2006.

Attorney(s) appearing for the Case

Wechsler & Cohen, LLP, New York City (Mitchell S. Cohen and Anne T. Cirasuolo of counsel), for appellant-respondent.

DeCicco, Gibbons & McNamara, P.C., New York City (Ioana Gheorghiu and Daniel J. McNamara of counsel), for respondent-appellant.

GONZALEZ and SWEENY, JJ., concur with FRIEDMAN, J.P.; SULLIVAN and CATTERSON, JJ., dissent in a separate opinion by SULLIVAN, J.

OPINION OF THE COURT

FRIEDMAN, J.P.

The question presented is whether plaintiff, as an additional insured under a commercial general liability (CGL) policy, is entitled to a defense in an action in which it is uncertain whether any eventual judgment against plaintiff will be within the scope of the coverage. Our answer to this question is dictated by the controlling principle that, in the absence of unambiguous contractual language to the contrary, an additional...

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