MERCHANTS MUTUAL INSURANCE COMPANY v. RUTGERS CASUALTY INSURANCE CO.

2010-03874.

84 A.D.3d 756 (2011)

922 N.Y.S.2d 200

MERCHANTS MUTUAL INSURANCE COMPANY, Plaintiff, v. RUTGERS CASUALTY INSURANCE CO., Appellant, and TANACHION ELECTRICAL CONTRACTING, INC., Respondent.

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

Decided May 3, 2011.


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The insured, Tanachion Electrical Contracting, Inc. (hereinafter Tanachion), an electrical subcontractor, established, prima facie, that the insurer, Rutgers Casualty Insurance Co. (hereinafter Rutgers Casualty), was obligated to defend and indemnify Tanachion in an underlying personal injury action, pursuant to the terms of a commercial general liability insurance contract. By submitting...

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