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ADMIRAL INSURANCE COMPANY v. JOY CONTRACTORS, INC.

4300, 108052/08.

81 A.D.3d 521 (2011)

917 N.Y.S.2d 168

ADMIRAL INSURANCE COMPANY, Respondent-Appellant, v. JOY CONTRACTORS, INC., et al., Defendants, LINCOLN GENERAL INSURANCE COMPANY et al., Respondents, and RELIANCE CONSTRUCTION LTD., et al., Appellants-Respondents.

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

Decided February 17, 2011.

On March 15, 2008, a tower crane operated by Joy collapsed during the construction of a high-rise condominium at 303 East 51st Street in Manhattan. The accident resulted in the deaths of seven people, including six of Joy's employees, and other injuries and damage. Joy is a named insured under commercial general liability (CGL) and excess liability policies issued by Lincoln and Admiral, respectively.

In its first cause of action, Admiral seeks a declaration that...

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