Opinion
14492 Index No. 651979/17 Case No. 2021–01152
10-26-2021
WILCOX DEVELOPMENT CORP. et al., Plaintiffs–Respondents, v. HDI GLOBAL INSURANCE COMPANY, Defendant–Appellant.
McCarter & English, LLP, New York (Sherilyn Pastor of counsel), for appellant. Gartner + Bloom PC, New York (Susan P. Mahon of counsel), for respondents.
McCarter & English, LLP, New York (Sherilyn Pastor of counsel), for appellant.
Gartner + Bloom PC, New York (Susan P. Mahon of counsel), for respondents.
Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.
Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about March 8, 2021, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion for summary judgment declaring that defendant owes a duty to defend plaintiff Wilcox Development Corp. in the underlying action, and so declared, unanimously affirmed, with costs.
As the allegations of the complaint and third-party complaint in the underlying action suggest a reasonable possibility of coverage, defendant has a duty to defend Wilcox, an additional insured ( BP A.C. Corp. v. One Beacon Ins. Group, 8 N.Y.3d 708, 714–715, 840 N.Y.S.2d 302, 871 N.E.2d 1128 [2007] ). The fact that Wilcox might ultimately be found liable solely for its own independent negligent acts and/or omissions, which would not be covered under the additional insured provision, does not negate defendant's duty to defend it (see Fitzpatrick v. American Honda Motor Co., 78 N.Y.2d 61, 65–66, 571 N.Y.S.2d 672, 575 N.E.2d 90 [1991] ).