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ACC CONSTRUCTION CORPORATION v. TOWER INSURANCE COMPANY OF NEW YORK

4713, 603713/06, 590793/08.

83 A.D.3d 443 (2011)

921 N.Y.S.2d 218

ACC CONSTRUCTION CORPORATION, Appellants-Respondents, v. TOWER INSURANCE COMPANY OF NEW YORK, Respondent-Appellant, et al., Defendant. TOWER INSURANCE COMPANY OF NEW YORK, Third-Party Plaintiff-Respondent-Appellant, v. NILLY TAMMY PERNER KASZA, Individually and as Administratrix of the Goods, Credits and Chattels of EDWARD KASZA, Deceased, Third-Party Defendant-Respondent.

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

Decided April 7, 2011.

It is undisputed that the commercial general liability insurance policy issued by Tower provided additional insured coverage to plaintiff ACC Construction Corp., as limited by the terms of the policy. The policy contains an independent contractors exclusion, which excludes from coverage "`personal injury' arising out of operations performed for any insured by independent contractors." As the record demonstrates that the decedent was an employee of an independent contractor...

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