Legal Opinion

Tower Insurance v. BCS Construction Services Corp.

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

Decided June 17, 2014Published

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered December 3, 2012, which, insofar as appealed from as limited by the briefs, denied plaintiffs motion for summary judgment declaring that it had no obligation to defend or indemnify defendant BCS Construction Services Corp. (BCS) in an underlying personal injury action, affirmed, with costs.

Plaintiff issued a commercial lines insurance policy to BCS. The policy’s declarations page stated'BCS’s “Business Description” as “Carpentry-Painting-Drywall-Plastering-Tile-Contractor.” Elsewhere, the work to be covered was separated into…

2Cases cited3 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
  3. Khuns v. Bay State InsuranceAppellate Division of the Supreme Court of the State of New York · 2010

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