Insurer Cites Exclusion in Successfully Denying Defense to Contractor

ALBANY, N.Y. - A New York appellate court has affirmed summary judgment for a commercial general liability insurer that denied a defense to an excavation contractor sued over flooding and mold damage at a housing development. <i.J. Lucarelli & sons Inc. v. Mountain Valley Indemnity Co., No. 506247 (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The New York Supreme Court Appellate Division, Third Department, ruled July 2 that a work-product exclusion in a policy issued by Mountain Valley Indemnity Co. precluded coverage for J. Lucarelli & Sons Inc.

Lucarelli sought a defense from Mountain Valley after the company was named …