Outside Counsel

Court of Appeals Curbs Coverage for 'Additional Insureds'

, New York Law Journal


Joseph D. Nohavicka writes: In 2015, when the First Department handed down its decision in 'Burlington Insurance Company v. NYC Transit Authority', insurance law mavens noted that the court was continuing on a course of expansion of additional insured coverage. Recently, that course of expansion has reached its terminus at the Court of Appeals, which reversed the First Department by rejecting the argument that any additional insured obligation is owed under the language of the 'Burlington' endorsement at issue when the named insured is without fault.

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