David Christa Construction, Inc. v. American Home Assurance Co.
Opinion of the Court
Appeal from an order of the Supreme Court, Wayne County (Stephen R. Sirkin, A.J.), entered March 29, 2006 in a declaratory judgment action. The order denied the motion of defendant American Home Assurance Company for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiff commenced this action seeking, inter alia, judgment declaring that it is covered under the policies issued by defendant insurers to defendant Spring Lake Excavating, Inc., plaintiffs subcontractor, and that defendant insurers are obligated to defend and indemnify plaintiff in the underlying consolidated action. American Home Assurance Company (defendant) appeals from an order denying its motion for summary judgment seeking a declaration that its insurance policy is excess to two policies carried by plaintiff and that defendant “does not owe plaintiff a defense or indemnification (other than possible excess indemnification) for the claims” in the underlying action.
Supreme Court properly denied defendant’s motion insofar as it sought a declaration concerning the priority of coverage among the applicable insurance policies. Even assuming, arguendo, that defendant is correct that the memorandum of law submitted by plaintiff in opposition to the motion was insufficient to raise an issue of fact (see generally CPLR 2214 [b]), we nevertheless conclude that defendant is not entitled to declara
Case-law data current through December 31, 2025. Source: CourtListener bulk data.