Cassell v. Babcock & Wilcox Co.

— Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of defendant Zurich American Insurance Company (Zurich) for summary judgment dismissing plaintiff’s complaint alleging that Zurich was negligent in inspecting a boiler that later exploded and caused injuries to plaintiff’s decedent. In our view, Zurich failed to establish its entitlement to that relief.

Zurich contends that it owed no duty to plaintiff’s decedent because the inspection was conducted to reduce its risk of loss *1001under a policy of insurance issued to the Newton Falls Paper Mill (Mill),…