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PREFERRED MUT. INS. CO. v. ZANI

398, 652598/13.

137 A.D.3d 456 (2016)

25 N.Y.S.3d 879

2016 NY Slip Op 01569

PREFERRED MUTUAL INSURANCE COMPANY, Respondent, v. JOHN ZANI, Doing Business as CLASSIC HOME IMPROVEMENT, et al., Appellants.

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

Decided March 3, 2016.

Aspen's allegations in its subrogation action that as a result of Zani's negligent work on Aspen's insured's building, the building was "severe[ly] damage[d]" by "a partial collapse" of a wall "on or about November 22, 2012" do not give rise to a duty on plaintiff's part to defend Zani in that action. First, the policy excludes from coverage damage attributable to Zani's own defective work product (see generally George A. Fuller Co. v United States Fid. & Guar. Co...

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