NY Appellate Court Confirms an Absence of Negligence is no Roadblock to AI Coverage

New YorkaEUR(TM)s Appellate Division, First Department, handed insurers a lump of coal this holiday season, unanimously holding that a contractoraEUR(TM)s insurance company (Insurer) owed a property owner and manager (Building Defendants) primary coverage as additional insureds, even though its named insured had nothing to do with the allegedly negligent acts giving rise to the subject injury, and despite the named insured previously prevailing against the Building DefendantsaEUR(TM) claims for common law and contractual indemnification. As the First Department panel concluded, because the additional insured clause …

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