Bovis Lend Lease LMB, Inc., et al., Respondents, v Royal Surplus Lines Insurance Company, Appellant., 27 A.D.3d 84

Summary

A construction worker sued the university and the construction manager for personal injuries. Defendant insurer had issued a policy to the worker's employer which listed the university and the construction manager as additional insureds. Defendant insurer rejected coverage based on a policy exclusion. N.Y. Ins. Law § 3420(d) was not applicable to a request for contribution between coinsurers, as so the notice given to plaintiff insurer was not untimely. However, the appellate court held that the policy exclusion relied on by defendant insurer was not applicable. The construction project was a mixed-use building. Mixed-use buildings were not included in the exclusion's list of the types of buildings that constituted residential property. Thus, the trial court properly entered the declaration in favor of plaintiffs. However, the appellate court held that the trial court improperly held that defendant insurer had to reimburse plaintiff insurer for all its defense costs, rather than for ...