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ZURICH AM. INS. CO. v. ACE AM. INS. CO.

Index No. 651579/16. Appeal No. 16484. Case No. 2021-01832.

209 A.D.3d 555 (2022)

175 N.Y.S.3d 526

2022 NY Slip Op 05821

Zurich American Insurance Company, Appellant-Respondent, v. ACE American Insurance Company et al., Defendants, Utica National Insurance Company of Texas et al., Respondents, and Scottsdale Insurance Company, Respondent-Appellant.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Coughlin Midlige & Garland LLP, New York ( Patrick K. Coughlin , of counsel) for appellant-respondent.

Perry, Van Etten, Rozanski & Kutner, LLP, Melville ( Leonard Porcelli , of counsel) for respondent-appellant.

Lester Schwab Katz & Dwyer, LLP, New York ( Jonathan Glasser , of counsel) for Utica National Insurance Company of Texas, respondent.

Hardin Kundla McKeon & Poletto, New York ( John S. Favate , of counsel) for RSUI Indemnity Company, respondent.

Concur—Acosta, P.J., Renwick, Webber, Singh, Moulton, JJ.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered April 22, 2021, which, to the extent appealed from (1) granted defendant Utica National Insurance Company of Texas's motion for summary judgment declaring that nonparties Tutor Perini Corporation (TPC), Tutor Perini Building Corp. (TPBC), and Legacy Yards Tenant LLC are not insureds under a commercial auto policy issued by Utica to nonparty Rebar Steel Corp. and are therefore not entitled to a defense...

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