Sunday, June 29, 2008

Additional Insured Coverage Denied

ALIB, Inc. v. Atlantic Cas. Ins. Co.
(1st Dept., decided 6/26/2008)

In AFFIRMING Bronx County Supreme Court's order declaring that plaintiff was not entitled to coverage as an additional insured under its subcontractor's CGL policy with Atlantic, the First Department ruled: (1) ALIB was not afforded additional insured status under the CGL policy issued by Atlantic to AFA Construction because the written contract entered into between AFA and ALIB did not require AFA to name ALIB as an additional insured, as required by the subject policy; (2) the certificate of insurance, which contained the disclaimer that it was "issued as a matter of information only and confers no rights upon the certificate holder" and that it did not "amend, extend or alter the coverage afforded" by the subject policy, did not confer additional insured status, even if assurances were provided that ALIB was an additional insured; and (3) even if ALIB did qualify as an additional insured, coverage was negated by the policy's employee exclusionary clause, and Atlantic's disclaimer, issued 20 days after receiving notice of the claim, was timely.

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