Pavarini Construction Co. v. Continental Insurance

Order, Supreme Court, New York County (Ira Gammerman, J.), entered May 15, 2001, which, in this action for a declaration that defendant insurers are obligated to pay defense costs and indemnify plaintiff in connection with claims raised in an arbitration proceeding, inter alia, declared in various defendants’ favor and granted defendants’ motions pursuant to CPLR 3211 or 3212 to dismiss the complaint, unanimously affirmed, with costs.

The policy exclusions relied upon by the primary insurers were applicable and excused the insurers from defending and indemnifying in the underlying arbitration…