9. Guachichulca v. Laszlo N. Tauber & Assoc., LLC, 2006 WL 5365885 (Trial Order) (N.Y.Sup. Feb. 6, 2006) (NO. 33107/03).

10. Guachichulca, supra, 37 A.D.3d at 762.

11. Wilson v. Sirius America Ins. Co., 44 A.D.3d 754, 844 N.Y.S.2d 349 (2d Dept. 2007).

12. The provision entitled “Injury and Liability Resulting From or Caused by the Work of a Contractor, Subcontractor and/or Sub-Subcontractor Including Without Limitation Injuries to the Employee of a Contractor, Subcontractor and/or Sub-Subcontractor” provided in pertinent part:

A. This insurance does not apply to “bodily injury” . . . arising out of work performed on behalf of the Named Insured by a contractor, subcontractor and/or sub-subcontractor of the Named Insured that provides labor, services and/or materials with respect to any construction, alteration, demolition or repair of real property or any structures . . . thereon:

i. when there is no prior written and signed contract entered into between the Named Insured and the contractor, subcontractor and/or sub-subcontractor requiring the contractor, subcontractor and/or sub-subcontractor to indemnify and hold harmless the Named Insured to the fullest extent permitted by applicable law in the event of a loss, including, but not limited to, any claim, suit, cost or expense arising out of any loss suffered by an employee of the contractor, subcontractor and/or sub-subcontractor, regardless of whether the Named Insured is partially negligent and excluding only liability created by the Named Insured’s sole and exclusive negligence . . . .


13. Insurance Law §3420(a)(2) provides that an action may be maintained against an insurer under the terms of the policy provided a judgment obtained against an insured remains unsatisfied for 30 days from the serving of notice of entry of the judgment.

14. General Obligations Law §5-322.1 prohibits owners and contractors from indemnifying themselves against liability for bodily injury or property damage attributable to their own negligence.

15. See, ALIB Inc. v. Atlantic Casualty, NYS2d, 2008 WL 2521093 (1st Dept. June 26, 2008); Gonnerman v. State, 48 AD3d 517, 852 NYS2d 253 (2d Dept. 2008).