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BURLINGTON INS CO v. NYC TR AUTH

No. 57.

29 N.Y.3d 313 (2017)

79 N.E.3d 477

57 N.Y.S.3d 85

2017 NY Slip Op 04384

THE BURLINGTON INSURANCE COMPANY, Appellant, v. NYC TRANSIT AUTHORITY et al., Respondents.

Court of Appeals of New York.

Decided June 6, 2017.

Attorney(s) appearing for the Case

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City ( Joseph D'Ambrosio , Andrew I. Mandelbaum , John A. Mattoon, Jr. and Gregory R. Bruno of counsel), and Adrian-Cassidy & Associates, LLC, New York City ( James M. Adrian of counsel), for appellant.

Shein & Associates, P.C., Syosset ( Charles R. Strugatz of counsel), for respondents.

Saxe Doernberger & Vita, P.C., Trumbull, Connecticut ( Gregory D. Podolak , Tracy Alan Saxe and Geoffrey J. Miller of counsel), and Ochs & Goldberg, LLP, New York City, for Turner Construction Company, amicus curiae.

OPINION OF THE COURT

We conclude that where an insurance policy is restricted to liability for any bodily injury "caused, in whole or in part," by the "acts or omissions" of the named insured, the coverage applies to injury proximately caused by the named insured. The Appellate...

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