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A divided appellate court in New York has ruled, 3-2, that a 750-foot tall tower crane that was damaged by Superstorm Sandy was integral to, not “incidental to,” a construction project in Manhattan and, therefore, did not fall within the definition of “Temporary Works.” The majority added that even if the tower crane fell within the definition of Temporary Works, the contractor’s tools, machinery, plant and equipment exclusion would be applicable and enforceable. Accordingly, it reversed the trial court’s decision and granted the insurers’ motion for summary judgment and ruled that the insurers had no obligation to provide coverage.

The Case

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