In Regal Const. Corp. v. National Union Fire Ins. Co. of Pittsburgh, 2009 WL 2015419 (N.Y.A.D. 1 Dept.), the prime contractor for a city construction project and its CGL insurer brought an action for declaratory judgment against the construction manager and its insurer, seeking declarations that the prime contractor's insurance policy did not provide coverage to the construction manager as an additional insured in the underlying personal injury action brought by the prime contractor's employee. The trial court declared that the prime contractor's insurer was obligated to defend and indemnify the construction manager in the underlying action. The plaintiffs appealed.
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