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DIAMOND STATE INSURANCE COMPANY v. UTICA FIRST INSURANCE COMPANY

37 A.D.3d 160 (2007)

829 N.Y.S.2d 465

DIAMOND STATE INSURANCE COMPANY, as Subrogee of GENTRY APARTMENTS, INC., Appellant, v. UTICA FIRST INSURANCE COMPANY, Respondent.

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

Decided February 1, 2007.

This subrogation action arises from a fire on the roof of premises owned by Gentry Apartments, Inc., plaintiff Diamond State Insurance Company's insured. Diamond alleges that La Pioggia Construction Corp., defendant Utica First Insurance Company's insured, was using a torch to seal a leak on the roof of the premises when a fire broke out. Defendant disclaimed coverage for La Pioggia, relying on the roofing operating exclusion endorsement of its insurance policy. Diamond paid...

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