Opinion
November 18, 1993
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
The instant insurance endorsement (naming Berman Plumbing as the insured) also names defendant as an additional insured and states that plaintiff will provide insurance for defendant "with respect to liability arising out of operations performed for [defendant] by or on behalf of [Berman Plumbing]." Accordingly, plaintiff is obligated to provide primary insurance coverage for defendant in the underlying tort actions. Plaintiff's endorsement does not limit its coverage of defendant to those situations in which defendant is only vicariously liable, nor does it provide that the coverage for defendant is only "excess" to other insurance (see, Dayton Beach Park No. 1 Corp. v National Union Fire Ins. Co., 175 A.D.2d 854, lv denied 78 N.Y.2d 864; Roblee v Corning Community Coll., 134 A.D.2d 803, lv denied 72 N.Y.2d 803).
We also note that plaintiff, in light of its insurance endorsement, is solely responsible for the defense costs in the underlying tort actions (see, Sanabria v American Home Assur. Co., 113 A.D.2d 193, 196, revd on other grounds 68 N.Y.2d 866), as well as the costs of this declaratory judgment action (see, Mighty Midgets v Centennial Ins. Co., 47 N.Y.2d 12, 21-22).
We have considered all other claims and find them to be of no merit.
Concur — Carro, J.P., Rosenberger, Ellerin and Kassal, JJ.