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WDF INC. v. HARLEYSVILLE INS. CO.

Index No. 653108/17. Appeal No. 13714. Case No. 2020-02195.

193 A.D.3d 667 (2021)

146 N.Y.S.3d 128

2021 NY Slip Op 02621

WDF Inc., Appellant, v. Harleysville Insurance Company of New York, Respondent.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Sofya Uvaydov of counsel), for appellant.

Vigorito, Barker, Patterson, Nichols and Porter, LLP, Valhalla ( Adonaid C. Medina of counsel), for respondent.

Concur—Kapnick, J.P., Moulton, Scarpulla, Mendez, JJ.

The dismissal of WDF's indemnification claims against Harleysville's named insured, Vamco Sheet Metal Inc., in the underlying personal injury action did not necessarily determine whether the Harleysville policy covered WDF as an additional insured. Vamco's contractual indemnification obligation was separate and distinct from Harleysville's duty to defend and indemnify under the additional insured endorsement of its policy (see Lexington Ins. Co. v Kiska Dev. Group LLC...

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