W & W Glass Systems, Inc. v. Admiral Insurance
Cases that cite this one
12 later published cases cite this decision.
- The Burlington Insurance Company v. NYC Transit Authority (N.Y. 2017)
- Burlington Insurance v. NYC Transit Authority (Appellate Division of the Supreme Court of New York 2015)
- Pearson Capital Partners LLC v. James River Insurance (District Court, S.D. New York 2015)
- Kosovsky v. Kosovsky (Appellate Division of the Supreme Court of New York 2020)
- City of New York v. Catlin Specialty Ins. Co. (Appellate Division of the Supreme Court of New York 2018)
- Arch Specialty Insurance Co. v. Farm Family Casualty Insurance Co. (District Court, S.D. New York 2017)
- Aspen Specialty Insurance Co. v. Ironshore Indemnity Inc. (Appellate Division of the Supreme Court of New York 2016)
- Kel-Mar Designs, Inc. v. Harleysville Ins. Co. of N.Y. (Appellate Division of the Supreme Court of New York 2015)
- National Union Fire Insurance v. Greenwich Insurance (Appellate Division of the Supreme Court of New York 2013)
- National Union Fire Insurance v. Greenwich Insurance (Appellate Division of the Supreme Court of New York 2013)
- Admiral Insurance v. American Empire Surplus Lines Insurance (Appellate Division of the Supreme Court of New York 2012)
- Admiral Insurance v. American Empire Surplus Lines Insurance (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In this declaratory judgment action, plaintiff general contractor seeks a declaration that it was entitled to defense and indemnification from Admiral in connection with an underlying personal injury action in which an employee of defendant Metal Sales Company, Inc., a subcontractor hired by plaintiff, was injured. Metal Sales had a commercial general policy with Admiral pursuant to which plaintiff was named as an additional insured. The policy provided that plaintiff was covered “only with respect to liability caused by [the subcontractor’s] ongoing operations performed for that insured [i.e., plaintiff].” The policy further provided that it “does not apply to liability caused by the sole negligence of the person or organization [named as an addition insured].”
Contrary to defendants’ argument that the “caused by” language in the policy is “narrower” than the “arising out of’ language in BP A.C. Corp. v One Beacon Ins. Group (8 NY3d 708 [2007]), the case relied on by the motion court, the phrase “caused by your ongoing operations performed for that insured,” does not materially differ from the general phrase, “arising out of’ (see Regal Constr. Corp. v National Union Fire Ins. Co. of Pittsburgh, PA, 15 NY3d 34, 38 [2010]; see also QBE
Defendants’ argument that further discovery is warranted and that the motion is therefore premature, is unavailing. Defendants participated in lengthy discovery in the underlying action. Admiral had all of the relevant policies of insurance and had ample opportunity to gather evidence.
No proof was offered demonstrating that wrap-up coverage may have been in effect, and Admiral’s bare affirmation raising speculative defenses is insufficient to defeat a prima facie showing of entitlement to summary judgment (see Gilbert Frank Corp. v Federal Ins. Co., 70 NY2d 966 [1988]). Defendants cannot avoid summary judgment based on speculation that further discovery may uncover something.
We have considered defendants’ remaining arguments and find them unavailing. Concur — Andrias, J.E, Sweeny, Moskowitz, Renwick and Freedman, JJ. [Prior Case History: 2010 NY Slip Op 32120(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.