The plaintiff in the case is William Stout. In action number 1, the third party defendants are East 66th Street Corporation and the plaintiffs and respondents in the third party action is Tishman Construction Corporation. In the second action the defendant and respondent is Interstate Fire and Casualty Company and the appellants and defendants is the Zurich American Insurance Company.
The case is being heard in the New York State Supreme Court in the Appellate Division. The judges in the case are Mark C. Dillon, J.P., Ariel E. Belen, JJ, Ruth C. Balkin, and John M. Leventhal.
This case consists of two different actions. The first action is seeking to recover the damages for personal injuries. The second action is for an inter alia judgment that declares the defendants Zurich American Insurance Company and Interstate Fire and Casualty company obligated to indemnify and defend Tishman Construction Corporation and Tishman Interiors Corporation in the first action.
A New York Injury Lawyer said Zurich American Insurance Company is a defendant in the second action and is appealing an order from the Kings County Supreme Court that ordered a summary judgment that declared they are required to indemnify Tishman Interiors Corporation and Tishman Construction Corporation who are defendants of the first action. The ruling is based on an insurance policy that is issued to the Atlantic- Heydt Corporation. Zurich American Insurance Company declares that the coverage issued under the insurance policy was disclaimed in a timely manner and that they are not responsible for defending Tishman Construction and Tishman Interiors in the first action.
The cross motion filed against Fire and Casualty Company, who is a defendant in the second action, was for a summary judgment that stated they were not responsible for defending the Tishman Corporations in the first action as the additional insured on a policy that they issued to Evergreene Painting Studios. A Suffolk County Personal Injury Lawyer said the company claims that the policy issued to Evergreene Painting Studios was excess insurance coverage and the policy that was issued to Atlantic-Heydt Corporation was the primary insurance coverage.
After reviewing the case the Court orders that the provision that granted the Tishman Corporations the summary judgment that declared Zurich American Insurance Company will be modified on the law. The new provision will deny this branch of motion. Additionally, the provision that grants the branch of the cross motion for Interstate Fire and Casualty Company for a summary judgment stating that they are not obligated to defend the Tishman Corporations in the first action as the additional insured is deleted. A Westchester County Personal Injury Lawyer said the provision will be substituted that the cross motion will be modified and affirmed to be appealed in the Kings County Supreme Court without costs or disbursements.
As the second action is a declaratory judgment action it must be resubmitted to the Kings County Supreme Court as well. An entry of judgment, inter alia, to declare that the Zurich American Insurance Company policy that was issued to Atlantic is the primary insurance policy in the matter and the policy issued by Interstate Fire and Casualty Company to Evergreene is issued as the secondary insurance in the case. The issue of Zurich American Insurance Company not timely disclaiming coverage in the matter under the policy that was issued to Atlantic is dismissed.
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