R.C. DOLNER, INC. v. MY-WAY CONTRACTING CORP.


41 A.D.3d 185 (2007)

841 N.Y.S.2d 1

R.C. DOLNER, INC., Respondent, v. MY-WAY CONTRACTING CORP., Defendant, LANDMARK INSURANCE CO., Respondent, and CRUM & FORSTER INSURANCE CO. et al., Appellants.

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

Decided June 12, 2007.


Plaintiff, as general contractor, entered into a subcontract with defendant My-Way Contracting Corp. (My-Way) for demolition work, pursuant to which My-Way procured a certificate of insurance and an insurance policy, issued by Landmark, naming My-Way and plaintiff as additional insureds. Plaintiff obtained a separate policy, issued by US Fire, which would provide excess insurance over any primary insurance covering a loss, but otherwise would afford primary coverage.

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