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INDIAN HARBOR INSURANCE COMPANY v. ALMA TOWER, LLC

7433. 159286/14.

165 A.D.3d 549 (2018)

87 N.Y.S.3d 9

2018 NY Slip Op 07064

Indian Harbor Insurance Company, Appellant, v. Alma Tower, LLC, et al., Respondents, et al., Defendant.

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

Decided October 23, 2018.

Defendants Alma Tower and Vordonia demonstrated that plaintiff had actual knowledge of facts establishing a reasonable possibility of coverage and is therefore obligated to defend them in the underlying personal injury action (see Fitzpatrick v American Honda Motor Co., 78 N.Y.2d 61, 67 [1991]). Shortly after the underlying action was commenced, asserting claims of common-law negligence and Labor Law violations against Alma Tower...

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