Insurance Provider Not Required to Provide Coverage to Additional Insured

by ASchlossberg on January 8, 2017

Last month in Gilbane Bldg. Co. v. St. Paul Ins. Co.. Index No.: 653199/11, the First Department held that an insurance provider is not required to provide coverage to an “additional insured” who has not entered into a written contract with the insured. The crux of the decision was the Court’s interpretation of the additional insured provision contained within the insurance policy, which provided that an additional insured is “any person or organization with whom you (the insured) have agreed to add as an additional insured by written contract.”

Finding the terms of the provision clear and unambiguous, the Court was obliged to attribute to the provision its plain meaning, which clearly established that an additional insured must be a party “with whom” as opposed to “for whom” the insured had entered into a written contract.

(internal citations omitted)

The Law Office of Aaron M. Schlossberg, Esq., P.L.L.C.

(This writing is for general information purposes only, should not be construed as legal advice and does not establish an attorney-client relationship.)

ASchlossberg
Aaron Schlossberg focuses on complex commercial and insurance coverage matters involving corporate clients, entrepreneurs and individual policyholders. Mr. Schlossberg drafts and negotiates high-level contract documents and appears frequently in state and federal courts throughout New York State. Mr. Schlossberg earned his Bachelor of Arts Degree in English from The Johns Hopkins University and his Juris Doctorate Degree from the George Washington University Law School. Mr. Schlossberg gained invaluable insight during his post-graduate judicial clerkship and significant experience as an associate with two midtown Manhattan law firms prior to founding the Law Office of Aaron M. Schlossberg, P.C. in June 2012. Mr. Schlossberg is a published author and a seasoned presenter. He is fluent in Spanish, conversational in French and has basic knowledge of Mandarin Chinese and Hebrew. Mr. Schlossberg is a member of the New York State Bar Association and is admitted to the following courts: New York State, Eastern and Southern Districts of New York, United States Court of Appeals for the Second Circuit.
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