Legal Opinion

Pecker Iron Works of New York, Inc. v. Traveler's Insurance

New York Court of Appeals

Decided February 13, 2003PublishedCited by 65 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

This case involves the relative obligations of two liability insurance carriers covering the same risk. The outcome turns on whether the insurance policy in question extends primary or merely excess coverage to “additional insureds.” We conclude that the policy provides primary coverage, and therefore affirm the order of the Appellate Division.

At the time of the injury giving rise to the present dispute, Pecker Iron Works engaged Upfront Enterprises to provide labor, materials and equipment for a construction project under the supervision of a general…

2Cases cited4 opinions

  1. Jefferson Insurance v. Travelers Indemnity Co.New York Court of Appeals · 1998
  2. Jansen v. C. Raimundo & Son Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Wong v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Del Bello v. General Accident Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by65 opinions

  1. BP Air Conditioning Corp. v. One Beacon Insurance GroupNew York Court of Appeals · 2007
  2. Regal Construction Corp. v. National Union Fire InsuranceNew York Court of Appeals · 2010
  3. Bovis Lend Lease LMB, Inc. v. Great American InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  4. Kassis v. Ohio Casualty InsuranceNew York Court of Appeals · 2009
  5. United Parcel Service v. Lexington Insurance GroupDistrict Court, S.D. New York · 2013

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