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Tishman Construction Corp. of New York v. American Manufacturers Mutual Insurance Co.

11/7/2002

arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement." There is nothing ambiguous about this provision. Nor is there anything ambiguous about the additional insured endorsement in the AMMI policy and its extension of coverage to Tishman and the property owner, even though that they were not identified by name.


(*3) However, AMMI is entitled to a hearing as to the reasonableness of the underlying settlement and claimed defense costs (see Atlantic Cement Co. v Fidelity & Cas. Co., 63 NY2d 798, 801-802, affg 91 AD2d 412, 419- 420), and we modify accordingly.


We have considered defendants' other arguments and find them unavailing.




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