2182. The City of New York, plf-ap, v. Wausau Underwriters Insurance Company, et al., def-res Zachary W. Carter, Corporation Counsel, New York (Anjan Mishra of counsel), for ap Jaffe & Asher LLP, New York (Marshall T. Potashner of counsel), for Wausau Underwriters Insurance Company, res Mulholland, Minion, Duffy, Davey, McNiff & Beyrer, Williston Park (Stephanie E. Kass of counsel), for Hellman Electric Corp., res Order, Supreme Court, New York County (Frank P. Nervo, J.), entered February 25, 2015, which denied the motion of plaintiff City of New York (the City) for summary judgment declaring that defendant Wausau Underwriters Insurance Company (Wausau) has a duty to defend, indemnify and reimburse the City for defense costs incurred in five underlying personal injury actions, unanimously modified, on the law, to grant partial summary judgment to the City by declaring that Wausau is obligated to defend and reimburse the City for defense costs in the underlying actions titled Moore-Dixon v. Welsbach Elec. Corp., Cruz v. City of New York, Bog Bae v. City of New York, and Santana v. City of New York and, upon a search of the record, to grant summary judgment to Wausau by declaring that it has no duty to defend or reimburse the City for defense costs in the underlying action titled Ramsarran v. City of New York, and otherwise affirmed, without costs.
On this appeal, the issue presented is whether Wausau has a duty to defend the City, which is listed as an additional insured under policies issued by Wausau to one of the City’s contractors, Hellman Electric Company (Hellman) with respect to five underlying personal injury actions.1 For the reasons that follow, we hold that Wausau has a duty to defend the City and reimburse its defense costs in four of those underlying actions, but has no such duty in the remaining action. Accordingly, we now modify the order of Supreme Court denying the City’s motion for summary judgment, to the extent of granting summary judgment and declaring that Wausau has a duty to defend and reimburse the City for its defense costs as to four of those actions. With respect to the fifth action, upon searching the record (CPLR 3212[b]), we grant summary judgment and declare that Wausau has no duty to defend the City or reimburse its defense costs in that underlying action.
