BOVIS LEND LEASE LMB, Inc., et al., Respondents,
v.
GREAT AMERICAN INSURANCE COMPANY et al., Respondents, UNITED NATIONAL INSURANCE CORP., Appellant-Respondent, and
WESTCHESTER FIRE INSURANCE COMPANY, Respondent-Appellant, et al., Defendant. (And a Third-Party Action.)
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
April 10, 2008.
April 10, 2008.
Attorney(s) appearing for the Case
Nicoletti Gonson Spinner & Owen LLP, New York City (Edward S. Benson of counsel), for appellant-respondent.
Lustig & Brown, LLP, New York City (Sherri N. Pavloff and Randolph E. Sarnacki of counsel), for respondent-appellant.
Newman Fitch Altheim Myers, P.C., New York City (Olivia M. Gross and Howard B. Altman of counsel), for Bovis Lend Lease LMB, Inc. and others, respondents.
Hoffman & Roth, LLP, New York City (James A. Roth of counsel), for Great American Insurance Company, respondent.
Rivkin Radler, Uniondale (Merril Biscone of counsel), for Liberty Insurance Underwriters, Inc., respondent.
TOM, J.P., GONZALEZ and KAVANAGH, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
OPINION OF THE COURT
FRIEDMAN, J.
This appeal concerns a dispute among several insurance companies over the priority of coverage for the construction manager and owner of a construction project in a wrongful death action. Based on an examination of the terms and role of each insurance policy at issue, we hold that the additional insured coverage afforded the construction manager and owner by the umbrella liability...
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