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BP A.C. CORP. v. ONE BEACON

8 N.Y.3d 708 (2007)

871 N.E.2d 1128

840 N.Y.S.2d 302

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

Court of Appeals of the State of New York.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Lustig & Brown, LLP, Buffalo (Jonathan Schapp and Russell N. Brown of counsel), for appellant.

Wechsler & Cohen, LLP, New York City (Mitchell S. Cohen and Debora A. Pitman of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

We are asked to decide within the context of a comprehensive general liability (CGL) insurance policy whether liability must be determined before an additional named insured is entitled to a defense in an underlying personal injury action. We conclude that additional insured coverage is not contingent upon a liability finding and that the obligation of an insurer to provide...

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