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LIBERTY MUT. FIRE INS. CO. v. OLD REPUBLIC GEN. INS. CORP.

Index Nos. 152648/16, 595501/17. Appeal No. 15595. Case No. 2021-03688.

203 A.D.3d 608 (2022)

162 N.Y.S.3d 731

2022 NY Slip Op 02068

Liberty Mutual Fire Insurance Company, Appellant, v. Old Republic General Insurance Corporation et al., Respondents. Old Republic General Insurance Corporation, Third-Party Plaintiff-Respondent, v. Preferred Contractors Insurance Company RRG LLC, Third-Party Defendant-Respondent.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

Jaffe & Asher LLP, White Plains (Marshall T. Potashner of counsel), for appellant.

Ken Maguire & Associates, PLLC, Wantagh (Katherine Maguire Tedrick of counsel), for Old Republic General Insurance Corporation, respondent.

Rivkin Radler LLP, Uniondale (Joanne M. Engeldrum, of counsel), for Travelers Indemnity Company, respondent.

Harris Beach PLLC, New York (Ross Hofherr of counsel), for Preferred Contractors Insurance Company RRG, LLC, respondent.

Concur—Kern, J.P., Moulton, Rodriguez, Pitt, Higgitt, JJ.

Under the Travelers policy, 170 Broadway, as the owner of the premises, is to be afforded coverage as an additional insured only for its vicarious liability for bodily injury caused by the work of Travelers' named insured, general contractor DeMartino Construction Co., Inc. (DeMartino), not for 170 Broadway's independent acts or omissions. In the underlying personal injury action, we determined that 170 Broadway was vicariously liable as a matter of law by operation of the...

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