( May 9, 2025, 11:22 AM EDT) -- ROCHESTER, N.Y. — A New York state court justice partially granted a subcontractor default insurer’s motion for summary judgment and determined that a construction manager/prime contractor for a retirement community project must repay the insurer $5.57 million from construction defect claim payments it received because the policy contemplates a later action against a defaulting subcontractor to recover sums paid to an insured and an arbitration panel found that some of the losses did not result from the subcontractor’s default....