ACC Construction Corp. v. Tower Insurance

Order and judgment (one paper), Supreme Court, New York County (Edward H. Lehner, J.), entered August 25, 2009, which denied plaintiffs’ motion for summary judgment, granted defendant Tower Insurance Company’s cross motion for summary judgment declaring that it has no duty to indemnify plaintiffs in connection with the underlying wrongful death action, and so declared, and granted third-party defendant’s motion to dismiss the third-party complaint, unanimously affirmed, without costs.

It is undisputed that the commercial general liability insurance policy issued by Tower provided additional…