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SPOLETA CONSTR., LLC v. ASPEN INS. UK LTD.

No. 34

27 N.Y.3d 933 (2016)

2016 NY Slip Op 02121

SPOLETA CONSTRUCTION, LLC, Respondent, v. ASPEN INSURANCE UK LIMITED c/o ASPEN SPECIALTY INSURANCE MANAGEMENT COMPANY, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided March 24, 2016.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York City (Stephanie A. Nashban of counsel), for appellant.

White Fleischner & Fino, LLP, New York City (Janet P. Ford of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff Spoleta Construction seeks a declaration that defendant Aspen Insurance UK Limited c/o Aspen Specialty Insurance Management Company is obligated to defend and indemnify Spoleta in a personal injury action commenced by an employee of Spoleta's subcontractor, Hub-Langie Paving, Inc. The...

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