Tower Insurance v. BCS Construction Services Corp.

The majority affirms the order denying plaintiff’s motion for summary judgment declaring that it had no obligation to defend or *531indemnify defendant BCS in the underlying personal injury action on the ground that plaintiff did not establish, as a matter of law, that the underlying claim did not arise out of work performed by BCS that fell within the classifications covered by the commercial lines insurance policy at issue. Because I find that plaintiff made a prima facie showing of its entitlement to summary judgment and that the opponents of the motion failed to offer a scintilla of evidence…