CITY OF NEW YORK v. ENDURANCE AM. INS. CO.

8089, 400543/11.

98 A.D.3d 900 (2012)

950 N.Y.S.2d 909

2012 NY Slip Op 6361

CITY OF NEW YORK, Appellant, v. ENDURANCE AMERICAN INSURANCE COMPANY, Respondent.

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

September 27, 2012.


The commercial general liability insurance policy obtained from Endurance by nonparty Daidone Electric, Inc., the City's traffic signal maintenance contractor, covers the City as an additional insured for liability arising out of ongoing operations performed for it by Daidone. The underlying complaint alleges that the plaintiff's injuries arose out of the negligence of both the City and Daidone in maintaining the "traffic and pedestrian...

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