American Home Assurance Co. v. Highrise Construction Co.

Order, Supreme Court, New York County (Judith J. Gische, J.), entered December 15, 2011, which denied plaintiffs motion for summary judgment on its first cause of action for a judgment declaring that it had no duty to provide a defense or indemnification in the underlying personal injury action because *447plaintiff properly cancelled the subject insurance policy with defendant Highrise Construction Company (Highrise) before the underlying accident occurred, unanimously reversed, on the law, without costs, the motion granted, and it is so declared.

Supreme Court found that the refusal of the…