Superstorm Sandy-Related Damage to Tower Crane Excluded, N.Y. High Court Rules

NEW YORK — Damage to a tower crane caused by high winds during Superstorm Sandy is not covered under a builder’s risk insurance policy because the crane falls within the policy’s “contractor’s tools” exclusion, the New York Court of Appeals has ruled.

In a Feb. 14 opinion, the state high court held that while the crane is covered in the first instance under the policy’s “temporary works” provision, it also constitutes “machinery,” bringing it squarely within the exclusion.

In October 2012, plaintiff Extell West 57th Street LLC was constructing a 74-story skyscraper, the One57 Building, at 157 West 57th Street …