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FIRST MERCURY INS. CO. v. PREFERRED CONTRS. INS. CO.

Index No. 653435/19. Appeal No. 12939. Case No. 2020-00159.

190 A.D.3d 586 (2021)

136 N.Y.S.3d 728

2021 NY Slip Op 00368

First Mercury Insurance Company, Appellant, v. Preferred Contractors Insurance Company Risk Retention Group, LLC, et al., Defendants, and Certain Underwriters at Lloyd's, London Subscribing to Policy Number 10268L150029, Respondent.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Kennedys CMK LLP, New York ( Kristin V. Gallagher of counsel), for appellant.

Furman Kornfeld & Brennan LLP, New York ( Corey M. Cohen of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.

In this action between insurers, plaintiff (FMIC) seeks a declaration that defendant Lloyd's has a duty to defend and indemnify FMIC's insured, the property owner, in the underlying personal injury action, pursuant to an "additional insured" endorsement in the policy Lloyd's issued to the owner's construction manager. At this stage, the pleadings are sufficient to allege, and the documentary evidence does not conclusively refute, that Lloyd's named insured proximately caused...

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