GOTHAM CONSTRUCTION COMPANY, LLC v. UNITED NATIONAL INSURANCE COMPANY


35 A.D.3d 289 (2006)

829 N.Y.S.2d 5

GOTHAM CONSTRUCTION COMPANY, LLC, et al., Appellants-Respondents, v. UNITED NATIONAL INSURANCE COMPANY, Respondent-Appellant, and D.J.M. REBAR, INC., Defendant and Third-Party Plaintiff-Respondent. PROFESSIONAL RISK MANAGERS, INC., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 21, 2006.


Plaintiffs, the construction manager and owner of a new residential building under construction, sought a declaration of entitlement to a defense and indemnification from their insurer, defendant United National, in an underlying personal injury action brought by an employee of defendant subcontractor D.J.M. Rebar. The subcontract required Rebar to obtain general liability coverage for plaintiffs as additional insureds. Rebar's broker, the third-party defendant herein, confirmed...

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