New York Board of Fire Underwriters v. Trans Urban Construction Co.
Cases that cite this one
20 later published cases cite this decision. The 19 that cite it most often are listed here.
- Phoenix Insurance v. Stamell (Appellate Division of the Supreme Court of New York 2005)
- Farr Man & Co. v. M/V Rozita (1st Cir. 1990)
- Zurich American Insurance Co. v. Infrastructure Engineering, Inc. (Ill. 2024)
- Jetro Holdings, LLC v. Mastercard Intl., Inc. (New York Supreme Court 2016)
- Preferred Mutual Insurance v. Pine (Appellate Division of the Supreme Court of New York 2007)
- Excelsior Insurance v. Antretter Contracting Corp. (Appellate Division of the Supreme Court of New York 1999)
- J. Aron & Co. v. Chown (Appellate Division of the Supreme Court of New York 1996)
- Lighting Horizons v. Solomon R. Guggenheim Foundation (Appellate Division of the Supreme Court of New York 1994)
- USAA Casualty Insurance v. Brown (Appellate Division of the Supreme Court of New York 1994)
- Domino of California Inc. v. HelmsLey-Spear, Inc. (Appellate Division of the Supreme Court of New York 1992)
- Symbol Press, Inc. v. S & L Properties Associates (Appellate Division of the Supreme Court of New York 1992)
- Duell v. Greater New York Mutual Insurance (Appellate Division of the Supreme Court of New York 1991)
- Federal Insurance v. Arthur Andersen & Co. (N.Y. 1990)
- S.S.D.W. Co. v. Brisk Waterproofing Co. (N.Y. 1990)
- Commerce & Industry Insurance v. Admon Realty, Inc. (Appellate Division of the Supreme Court of New York 1990)
- Frontier Insurance v. State (N.Y. Ct. Cl. 1989)
- Weinreb v. Weinreb (Appellate Division of the Supreme Court of New York 1988)
- Judge Motor Corp. v. Graham (Appellate Division of the Supreme Court of New York 1988)
- Kenyon v. Newton (Appellate Division of the Supreme Court of New York 1985)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
A contractor named with the State as parties insured “as their interests may appear” in builder’s all-risk insurance policies procured by the State, and who is obligated under its contract with the State to repair or replace any damage to the building without cost to the State, is an insured under such policies with respect to damage to the building by windstorm, a covered risk. That a contributing cause of the loss may have been negligence on the part of the contractor, a risk covered by the contractor’s comprehensive general liability policy, does not affect the obligation of the insurers to the contractor under the builder’s all-risk policies.
It follows that the insurers under the all-risk policies may not recover from the contractor in a subrogation action. Tishman Co. v Carney & Del Guidice (34 NY2d 941) is not to the contrary. It held only that under the policy involved in that case the subcontractor’s insurable interest “was limited to its property interest in the building under construction — i.e., the tools, labor and material furnished or owned by the defendant” and that the insurer’s subrogation action was, therefore, maintainable because “no part of the damages alleged by the plaintiff in this litigation was for destruction of any property owned or furnished by the defendant” {id., pp 942-943). Here the contrary is the fact.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.