David Christa Constr., Inc. v. American Home Assur. Co

In David Christa Constr., Inc. v. American Home Assur. Co. (41 AD3d 1211 [4th Dept 2007]), the defendant sought a declaration concerning priority of coverage. The Court held that: "defendant is not entitled to declaratory relief, based on its failure to join a necessary party. According to defendant, its obligation to provide insurance coverage to plaintiff is excess to the primary obligation of United Pacific Insurance Company (United Pacific) and, because United Pacific is not a party to this action, it would not be bound by any declaration. Thus, until United Pacific is joined as a party and afforded an opportunity to be heard, the declaratory judgment sought herein cannot serve any legitimate purpose" (id. at 1211-1212.)