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ENDURANCE AMERICAN SPECIALTY INS. CO. v. HARLEYSVILLE WORCESTER INS. CO.

10927, 654568/17.

179 A.D.3d 625 (2020)

114 N.Y.S.3d 882

2020 NY Slip Op 00683

Endurance American Specialty Insurance Company et al., Respondents, v. Harleysville Worcester Insurance Company, Appellant, et al., Defendant.

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

Decided January 30, 2020.

Endurance's policy provides primary coverage, by its plain terms, under its "Primary Non-Contributory Endorsement" to defendant Women Work Construction Corp.'s (WWC) additional insured, NYCHA. It further specifically provides that it will not seek contribution from any other insurance available to NYCHA. As such, Endurance has waived any contribution from Harleysville (see Arch Ins. Co. v Harleysville Worcester Ins. Co., 2014 WL 3377124, 2014 US Dist LEXIS 91928 [SD...

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