On Wednesday, January 11, 2017, the Court of Appeals will hear oral argument in the following insurance case that may be of interest to commercial litigators:
- Case No. 11: Lend Lease (US) Construction LMB Inc. v Zurich American Ins. Co. (“Insurance–Builder’s risk policy–Whether the Appellate Division correctly held as a matter of law that tower crane affixed to building for use in the performance of construction work was not ‘covered property’ because it did not fall within the policy’s definition of ‘temporary works,’ and that, even if the crane was ‘covered property,’ it was excluded from coverage under the policy’s contractor’s tools, machinery, plant and equipment exclusion.”). See the First Department’s decision here.