A town’s insurance company can seek indemnification from a contractor over damage to its municipal building, even after the contractor’s insurer obtained a court order rescinding its policy, the Appellate Division has ruled.
Travelers Property Casualty Co. of America, the insurance company for Cliffside Park, had an independent right to seek relief against the construction company’s insurer, no matter what occurred in litigation between the construction company and its insurer, the appeals court said Dec. 29 in Everest Indemnity Insurance v. Tim Tiger Enterprises. The tortfeasor’s insurance company said the judgment against its insured represented an adjudication of all issues in the case, but Judges Clarkson Fisher Jr., George Leone and Francis Vernoia said “nothing could be more absurd.”
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