D'Aquilla Bros. Contracting Co. v. Hartford Accident & Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*511In our opinion, in view of the terms of the respective policies, both insurers are liable, in proportion to the amounts of their respective policies, for the payment of the unpaid judgment for contribution against the excavation subcontractor. We find that such subcontractor was in control of the excavation site within the meaning of Hartford’s policy. Hence, such subcontractor’s act of loading the truck there was not excluded from the coverage of said policy. We also find that in the prior action by Marigliano, the excavation subcontractor was held liable for its failure to employ “trimmers”…
2Cited by6 opinions
- Bosko v. Pitts & Still, Inc.Washington Supreme Court · 1969
- Romano v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- Pensky v. Aetna Life & Casualty Co.New York Supreme Court · 1975
- Continental Insurance v. Transport Insurance Co. of Transport GroupAppellate Division of the Supreme Court of the State of New York · 1976
- Argentina v. Emery World Wide Delivery Corp.Court of Appeals for the Second Circuit · 1998
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