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ZURICH AMERICAN INSURANCE COMPANY v. ILLINOIS NATIONAL INSURANCE COMPANY

7157, 105533/09.

93 A.D.3d 545 (2012)

940 N.Y.S.2d 271

2012 NY Slip Op 2065

ZURICH AMERICAN INSURANCE COMPANY et al., Appellants, v. ILLINOIS NATIONAL INSURANCE COMPANY, Respondent, et al., Defendant.

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

Decided March 20, 2012.

The Illinois National "owner controlled insurance policy" (OCIP) at issue defines "contractors" as "contractors who have executed a written agreement pertaining to said Contractors[`] performance of work at the Project Site, have been enrolled in this insurance program, and who performs [sic] operations at the Project Site in connection with the Project" (emphasis added). Since plaintiff Moretrench, a subcontractor...

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