VIKRAM CONSTR., INC. v. EVEREST NATL. INS. CO.

2015-03982, Index No. 20035/13.

139 A.D.3d 720 (2016)

32 N.Y.S.3d 203

2016 NY Slip Op 03501

VIKRAM CONSTRUCTION, INC., Respondent, v. EVEREST NATIONAL INSURANCE COMPANY et al., Defendants, and ATLANTIC CASUALTY INSURANCE COMPANY, Appellant.

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

Decided May 4, 2016.


Ordered that the order is reversed, on the law, with costs, the motion of the defendant Atlantic Casualty Insurance Company for summary judgment declaring that it is not obligated to defend and indemnify Vikram Construction, Inc., in the underlying action is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendant Atlantic Casualty Insurance Company is not so obligated.

On November 13, 2007, Jesus...

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