Legal Opinion

Adler & Neilson Co. v. Insurance Co. of North America

New York Court of Appeals

Decided March 25, 1982PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the case remitted to Supreme Court for entry of judgment in conformity with this memorandum.

The exclusion from insurance coverage under a contractual property damage policy of “property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof” has received judicial attention in several cases in our court. It operates to deny the insured coverage for damage to its own work product but not for damage caused by the insured to the work product…

2Cases cited3 opinions

  1. Sturges Manufacturing Co. v. Utica Mutual InsuranceNew York Court of Appeals · 1975
  2. Zandri Construction Co. v. Firemen's Insurance Co. of NewarkAppellate Division of the Supreme Court of the State of New York · 1981
  3. Zandri Construction Co. v. Stanley H. Calkins, Inc.New York Court of Appeals · 1981

3Cited by9 opinions

  1. George A. Fuller Co. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Black & Veatch Corp. v. Aspen Ins. (Uk) Ltd.District Court, D. Kansas · 2019
  3. Frankel v. J. WATSON CO. HARTFORD FIRE INS. COMassachusetts Appeals Court · 1985
  4. Kay Bee Builders, Inc. v. Merchant's Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  5. Sphere Drake Insurance Co. v. Tremco, Inc.Court of Appeals of Minnesota · 1994

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