Legal Opinion

Brian Fay Construction, Inc. v. Morstan General Agency, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 2011Published

1Opinion of the Court

*797The plaintiff, Brian Fay Construction, Inc., entered into a contract with J.E Spano and Company (hereinafter Spano) wherein the plaintiff agreed to defend, indemnify, and hold harmless Spano from all claims arising from the plaintiffs performance of certain subcontract work. Thereafter, the plaintiff allegedly notified its insurance agent, the defendants DFW Associates, Inc., and Douglass Fenning, doing business as All Financial Services (hereinafter together DFW), that it was necessary to add Spano as an additional insured to its general liability policy. DFW issued an “Acord Certificate of…

2Cases cited6 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Murphy v. KuhnNew York Court of Appeals · 1997
  3. Island Cycle Sales, Inc. v. KhlopinAppellate Division of the Supreme Court of the State of New York · 1987
  4. Andriaccio v. Borg & Borg, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Verbert v. GarciaAppellate Division of the Supreme Court of the State of New York · 2009

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