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Mack-Cali Realty Corporation and Mack-Cali CW Realty Associates, LLC (Mack-Cali) leased premises to Westchester County Electric, Inc. (WCE). Under the lease, WCE was obligated to obtain comprehensive general liability insurance naming Mack-Cali as an additional insured. WCE secured a policy with NGM Insurance Company (NGM), while Mack-Cali also held a policy with Lexington Insurance Company. When a UPS worker sued WCE and Mack-Cali for injuries sustained at the loading dock, NGM declined to defend Mack-Cali. Mack-Cali then initiated a declaratory judgment action against NGM. The Supreme Court granted Mack-Cali's summary judgment motion, compelling NGM to defend and declaring NGM's policy primary. On appeal, the order was affirmed, with the court finding a causal relationship between the injury and WCE's operations on the leased premises, and NGM's policy to be primary over Lexington's excess policy.
MacK-cali Realty Corp. v. NGM Insurance is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Mack-Cali Realty Corporation and Mack-Cali CW Realty Associates, LLC (Mack-Cali) leased premises to Westchester County Electric, Inc. (WCE). Under the lease, WCE was obligated to obtain comprehensive general liability insurance naming Mack-Cali as an additional insured. WCE secured a policy with NGM Insurance Company (NGM), while Mack-Cali also held a policy with Lexington Insurance Company. When a UPS worker sued WCE and Mack-Cali for injuries sustained at the loading dock, NGM declined to defend Mack-Cali. Mack-Cali then initiated a declaratory judgment action against NGM. The Supreme Court granted Mack-Cali's summary judgment motion, compelling NGM to defend and declaring NGM's policy primary. On appeal, the order was affirmed, with the court finding a causal relationship between the injury and WCE's operations on the leased premises, and NGM's policy to be primary over Lexington's excess policy.
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