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PRESERVER INS. CO. v. RYBA

10 N.Y.3d 635 (2008)

893 N.E.2d 97

862 N.Y.S.2d 820

PRESERVER INSURANCE COMPANY, Appellant, v. ARTHUR RYBA et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 2008.

Attorney(s) appearing for the Case

Law Office of Max W. Gershweir, New York City (Max W. Gershweir of counsel), for appellant.

Goldberg Segalla LLP, Buffalo (Richard J. Cohen of counsel), for respondents.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge KAYE.

At the heart of this dispute between two insurers—in a case where a construction worker allegedly suffered a grave job site injury—is the question whether the employers' liability insurance coverage is limited to $100,000, as specified in the policy, or unlimited. In this case we conclude that it is limited.

Factual Background

On May 17...

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