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VESCON CONSTR., INC. v. GERELLI INS. AGENCY, INC.

2011-07951.

97 A.D.3d 658 (2012)

948 N.Y.S.2d 636

2012 NY Slip Op 5511

VESCON CONSTRUCTION, INC., Individually and on Behalf of All Others Similarly Situated, Appellant, v. GERELLI INSURANCE AGENCY, INC., Defendant, and UTICA FIRST INSURANCE COMPANY, Respondent.

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

July 11, 2012.

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

The defendant Utica First Insurance Company (hereinafter Utica First), issued a general liability insurance policy to the plaintiff, Vescon Construction, Inc. (hereinafter Vescon), which contained an exclusion for bodily injury to an employee of an insured if it occurred in the course of employment. A Vescon employee was injured in the course of his employment at a construction project, and the...

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