ALLIED WORLD ASSUR. CO. (U.S.) INC. v. ASPEN SPECIALTY INS. CO.

Index No. 655224/17. Appeal No. 13286. Case No. 2019-04381.

192 A.D.3d 449 (2021)

139 N.Y.S.3d 816

2021 NY Slip Op 01351

Allied World Assurance Company (U.S.) Inc. et al., Respondents, v. Aspen Specialty Insurance Company et al., Appellants, et al., Defendants.

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

Decided March 9, 2021.


Attorney(s) appearing for the Case

Clausen Miller, P.C., New York ( John P. DeFilippis and Don R. Sampen of the bar of the State of Illinois, admitted pro hac vice, of counsel), for Aspen Specialty Insurance Company, appellant.

Farber Brocks & Zane L.L.P., Garden City ( Joseph K. Poe of counsel), for Merchants Mutual Insurance Company, appellants.

Fleischner Potash LLP, New York ( Gil M. Coogler of counsel), for respondents.

Concur—Gische, J.P., Singh, Moulton, González, JJ.


Supreme Court correctly determined that defendants had a duty to defend M. Cary as an additional insured because there was a reasonable possibility, based on the allegations in the underlying complaint, that the underlying injury was caused, in whole or in part, by the acts or omissions of the subcontractors to which the policies were issued in connection with their ongoing operations and therefore that coverage for M. Cary, the general contractor, was implicated under the...

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