NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. GREAT AMERICAN E&S INSURANCE COPANY

4942, 4943.

86 A.D.3d 425 (2011)

926 N.Y.S.2d 508

2011 NY Slip Op 5859

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., et al., Plaintiffs, v. GREAT AMERICAN E&S INSURANCE COMPANY, Appellant, and SOLAR ELECTRIC SYSTEMS, INC., Respondent, et al., Defendant.

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

Decided July 7, 2011.


In November 2005, Solar, an electrical subcontractor, contracted with nonparty West-Fair Electric Contractors to provide the electrical work for a construction project undertaken by plaintiff Ethical Culture Fieldston School (ECF). Under the contract with West-Fair, Solar agreed to defend, indemnify and hold harmless ECF and the project manager, Tishman, as well as to procure insurance for both entities. Solar subsequently obtained a general liability policy through Great...

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