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REGAL CONSTR. v. NATL. UNION

No. 109.

15 N.Y.3d 34 (2010)

930 N.E.2d 259

904 N.Y.S.2d 338

REGAL CONSTRUCTION CORPORATION et al., Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Respondent, et al., Defendant.

Court of Appeals of New York.

Decided June 3, 2010.

Attorney(s) appearing for the Case

Melito & Adolfsen P.C., New York City ( Louis G. Adolfsen , S. Dwight Stephens and Steven G. Adams of counsel), and New York Liquidation Bureau ( Andrew J. Lorin , James E. d'Auguste and Judy H. Kim of counsel) for appellants.

Law Offices of Beth Zaro Green , Brooklyn ( William J. Cleary of counsel), for respondent.

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

OPINION OF THE COURT

CIPARICK, J.

Once again, we are asked to determine the obligation of an insurer to defend and indemnify an additional insured for potential liability arising out of the operations of the primary insured (see e.g. Worth Constr. Co., Inc. v Admiral Ins. Co., 10 N.Y.3d 411 [2008]). The City of New York engaged URS Corporation (URS) as the construction...

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