Construction Defect Journal Archives

Additional Insured Not Covered When Injury Not Proximately Caused by Insured

July 19, 2017
Tred R. Eyerly - Insurance Law Hawaii

The New York Court of Appeals construed an additional insured endorsement as applying only to injury proximately caused by the named insured. Burlington Ins. Co. v. NYC Transit Auth., 2017 N.Y. LEXIS 1404 (N.Y. Ct. App. June 6, 2017).

Breaking Solutions, Inc. (BSI) contracted with the New York City Transit Authority (NYCTA) to provide equipment and personnel for BSI's tunnel excavation on a New York City subway construction project. BSI purchased commercial general liability insurance from Burlington with an endorsement that listed NYCTA and New York City as additional insureds.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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