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SIRIUS AMERICAN INSURANCE COMPANY v. BURLINGTON INSURANCE COMPANY

4352N, 600785/04.

81 A.D.3d 562 (2011)

917 N.Y.S.2d 192

SIRIUS AMERICAN INSURANCE COMPANY et al., Respondents, v. BURLINGTON INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided February 22, 2011.

Burlington, as cross movant for summary judgment, established prima facie entitlement to such relief by proof that plaintiff general contractor Artimus Construction, Inc. (Artimus) was not named on the face of its policy issued to subcontractor KJS as a named insured or additional insured (see Tribeca Broadway Assoc. v Mount Vernon Fire Ins. Co., 5 A.D.3d 198 [2004]; cf. Majawalla...

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