NY's Limiting Requirements To Policy Wording Are Unjust

By Matthew Jacobs and Harrison Stark (July 6, 2017, 4:40 PM EDT) -- When general contractors require subcontractors to purchase "additional insured" coverage endorsements to protect the general contractor from the subcontractor's actions that could result in liability to the general contractor, subcontractors often turn to the most recent standard ISO language, which extends coverage to the additional insured for any bodily injury "caused, in whole or in part," by the acts or omissions of the named insured subcontractor. Despite the broad wording of this endorsement, however, and the lack of any limiting language in the specific provision, some courts have improperly restricted the scope of additional insured coverage by adding requirements that would only extend coverage if the bodily injury was "proximately caused, in whole or in part" by the "negligent acts or omissions of the named insured." By reading words into the additional insured endorsement that are not there, and that further operate to limit the plain meaning of the coverage provision, these courts are ignoring long-standing rules of insurance contract construction. In the face of such decisions, and to ensure that additional insured coverage is provided as intended by the parties to the contract, subcontractors and their intended additional insureds should turn to other available endorsements in the market or negotiate express policy wording affording coverage consistent with the parties' expectations....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!