Appellate Court Upholds Reformation of Policy and Insurance Law 3420(d) Preclusion

August 7, 2023
Craig Rokuson - Traub Lieberman

In the recent case of Wesco Ins. Co v. Fulmont Mut. Ins. Co., 2023 Slip Op 02600 (1st Dept.), the New York Appellate Division, First Department upheld the New York Supreme Court's reformation of a policy to include additional insured coverage for the record owner at the time of the injury, even though the record owner was not listed as an additional insured on the tenant's policy. The underlying action at issue involved a personal injury occurring at 501 West 173rd Street, New York New York. The tenant agreed in its lease to name the then owner of the building, SS2284 LLC, as an additional insured. The SS2284 LLC conveyed the premises to 501 West 173 Street, LLC and the tenant's policy was updated to replace SS2284 LLC with 501 West ("501 West") as the additional insured. However, prior to the underlying incident, 501 West conveyed the property to Beyond 501 West SPE, LLC ("Beyond"), but the tenant's policy was not updated.

Mr. Rokuson may be contacted at


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