Crane Damaged During Sandy Not Covered as ‘Temporary Work,’ N.Y. Appellate Majority Rules

NEW YORK — A tower crane that was damaged during Superstorm Sandy is not considered a “temporary structure” as defined by a builder’s risk policy and is therefore not covered as a “temporary work” under the policy, a New York appellate court majority has ruled.

In a Dec. 22 opinion, the majority directed a trial court to grant Zurich American Insurance Co.’s motion for summary judgment, ruling that the insurer has no obligation to provide coverage for the crane under the builder's risk policy.

Extell West 57th Street LLC and Lend Lease (US) Construction LMB INC. sued Zurich American …