City of New York v. Zurich American Insurance

I *240agree that the order appealed from should be affirmed but write separately to underscore that this appeal resolves only a narrow issue. Defendant insurer Zurich’s sole argument on appeal is that the stipulation discontinuing with prejudice the underlying personal injury claims against its named insured, American Bridge Company, precludes any finding in the underlying action that plaintiff City’s liability arose out of either American Bridge’s work for the City or the City’s supervision of that work. The City is an additional insured under the policy Zurich issued to American Bridge but only…