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WILCOX DEV. CORP. v. HDI GLOBAL INS. CO.

Index No. 651979/17. Appeal No. 14492. Case No. 2021-01152.

198 A.D.3d 590 (2021)

152 N.Y.S.3d 896

2021 NY Slip Op 05842

Wilcox Development Corp. et al., Respondents, v. HDI Global Insurance Company, Appellant.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

McCarter & English, LLP, New York ( Sherilyn Pastor of counsel), for appellant.

Gartner + Bloom PC, New York ( Susan P. Mahon of counsel), for respondents.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.

As the allegations of the complaint and third-party complaint in the underlying action suggest a reasonable possibility of coverage, defendant has a duty to defend Wilcox, an additional insured (BP A.C. Corp. v One Beacon Ins. Group, 8 N.Y.3d 708, 714-715 [2007]). The fact that Wilcox might ultimately be found liable solely for its own independent negligent acts and/or omissions, which would not be covered under the additional insured...

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