HDI-Gerling Am. Ins. Co. v. Zurich Am. Ins. Co

In HDI-Gerling Am. Ins. Co. v. Zurich Am. Ins. Co. (Sup Ct, NY County, Jan. 19, 2012, Tingling, J., index No. 102922/2011) the City and HDI commenced a declaratory judgment action against Zurich and Skanska and moved for partial summary judgment. Interpreting the Zurich Policy at issue here, specifically "Section IV, subsection 4, paragraphs a and b," as amended by the Zurich Endorsement, the court found that the Zurich Policy was primary and that Zurich owed the City a defense in the underlying personal injury action. Friedman affirmation, exhibit I at 2. Zurich moved for reconsideration of the decision and the court denied the motion by order dated March 29, 2012. Friedman affirmation, 14 and exhibit J. Zurich sought to appeal the trial court's decision, but allegedly never perfected its appeal, despite two extensions of time, which have now expired. Id