ARTHUR KILL POWER, LLC v. AMERICAN CASUALTY SAFETY INSURANCE COMPANY

3809, 3809A, 102943/08.

80 A.D.3d 502 (2011)

915 N.Y.S.2d 535

ARTHUR KILL POWER, LLC, et al., Appellants-Respondents, v. AMERICAN CASUALTY SAFETY INSURANCE COMPANY, Respondent-Appellant.

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

Decided January 20, 2011.


Arthur Kill is an additional insured under a commercial general liability policy issued by defendant to nonparty Wing Environmental, Inc. (Wing), an asbestos abatement contractor. This is an action for a judgment declaring that defendant has a duty to provide Arthur Kill with a defense and indemnification in a personal injury action brought by Jose Barros, Wing's employee. Barros, who allegedly slipped on grease on the floor of Arthur Kill's premises, asserts in the underlying...

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