Arthur Kill Power, LLC v. American Casualty Safety Insurance

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered March 9, 2010, which, inter alia, denied that portion of plaintiffs’ motion for summary judgment declaring that defendant had a duty to defend and indemnify plaintiff Arthur Kill Power, LLC (Arthur Kill) and that defendant’s coverage was primary, and denied that portion of defendant’s motion for summary judgment declaring that the “Employer’s Liability Exclusion” in its general liability insurance policy excluded coverage to Arthur Kill, modified, on the law, to declare that the employer’s liability exclusion did…