Legal Opinion

General Accident Insurance of America v. Metropolitan Steel Industries, Inc.

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

Decided July 1, 2004PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered on or about September 8, 2003, which, upon the parties’ respective motions for summary judgment, declared that plaintiff insurers are obligated to defend and indemnify defendant insured in an underlying action for breach of a construction contract, unanimously affirmed, without costs.

Plaintiffs will not be heard to argue that the subject “builder’s risk” policy provides only first-party coverage for damage to specified property, not third-party liability coverage for breach of contract claims, where they undertook the…

2Cases cited4 opinions

  1. Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
  2. Wausau Insurance v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1995
  3. Nassau Insurance v. ManzioneAppellate Division of the Supreme Court of the State of New York · 1985
  4. Wainwright v. Charlew Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. Federated Department Stores, Inc. v. Twin City Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. Gelfman v. Capitol Indemnity Corp.District Court, E.D. New York · 2014
  3. In Re the Arbitration Between U.S. Speciality Insurance Co. & DenardoAppellate Division of the Supreme Court of the State of New York · 2017
  4. New York Central Mutual Fire Insurance v. HildrethAppellate Division of the Supreme Court of the State of New York · 2007
  5. Ace Am. Ins. Co. v. Consolidated Edison Co. of N.Y. Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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