![]() ![]() References to "Ex." are to the exhibits to plaintiffs' Rule 56.1 Stmt. K: Endurance Policy.) Century issued a commercial general liability policy to Pinnacle for the period of to May 18, 2012. ¶¶ 3, 7-11.)Įndurance issued a commercial general liability policy to Hayden for the period of Septemto September 1, 2012. G: Hayden-Pinnacle Master Sub-Contract.) 2/Īrtur Sleszynski, the plaintiff in the underlying state court action, was a Pinnacle employee who sustained personal injuries while working on the roof at the Columbus Ave. J: Hayden-Pinnacle Sub-Purchase Order see Rule 56.1 Stmt. Pinnacle contracted with Hayden to perform roofing work on the Columbus Ave. Hayden is a contractor who contracted to perform construction services on a project at 400 Columbus Avenue in Manhattan ("Columbus Ave. 22) is DENIED with respect to its counter-claim for a declaratory judgment that its policy coverage is excess to Endurance's. 18) is GRANTED with respect to Endurance's claim for a declaratory judgment that Century is obligated to defend andĢ indemnify Hayden in the underlying action and that the Endurance and Century policies share ratably. 10: 11/15/13 Consent Notice.)įor the reasons set forth below, plaintiffs' motion (Dkt. 22: Century Notice of Cross-Motion.) The parties have consented to decision of these motions by a Magistrate Judge pursuant to 28 U.S.C. Presently before the Court are the parties' cross-motions for summary judgment. ¶¶ 24-39), or in the alternative, that Century's coverage of Hayden is excess over Endurance's coverage (Ans. ¶¶ 24-36.) Century counter-claims for a declaratory judgment that it is not obligated to defend and indemnify Hayden (Dkt. Plaintiffs Endurance American Specialty Insurance Company and Hayden Building Maintenance Corporation bring this diversity action against defendant Century Surety Company seeking a declaratory judgment that Century is obligated to defend and indemnify Hayden in an underlying state court action. Plaintiffs, -against- CENTURY SURETY COMPANY,ĭefendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY and HAYDEN BUILDING MAINTENANCE CORPORATION, ![]()
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