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Note: In allocating liability for a personal injury claim by an employee of DCM Erectors, Inc. (Subcontractor), AMEC Construction Management, Inc. (General Contractor) and New York Times Building, LLC (Owner) sued AIG (Excess Insurer), and reached a confidential settlement which included posting a US$10 million standby letter of credit by Excess Insurer. When General Contractor and Owner sued Subcontractor for contribution, Subcontractor convinced the trial court to order the disclosure of the confidential portion of the settlement because the public portion of the agreement did not disclose who was funding the LC. Concluding that the LC was funded by the Excess Insurer, and deciding that the Excess Insurer had effectively paid under the policy covering Owner and General Contractor, the Supreme Court of New York, Appellate Division, Catterson, J., ruled that their claim was covered by a waiver clause in the insurance policy and denied the claim for contribution.

[JEB/mdb]

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