New York Court of Appeals

Lend Lease (US) Construction LMB Inc., Appellants v. Zurich American Insurance Company, Respondents

February 14, 201728 N.Y.3d 675

Summary

The New York Court of Appeals affirmed the Appellate Division’s summary‑judgment order that the builder’s risk policy does not cover the damaged tower crane because the contractor’s tools exclusion applies, and held that whether the crane qualifies as a temporary work is a factual issue.