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NY Court Finds Landlord Is Entitled to Defense as Additional Insured Under Tenant’s Policy
Insurance Law Update
Court of Appeals of New York
In Kassis v. Ohio Cas. Ins. Co., __ N.E. 2d __, 2009 WL 1789223 (N.Y. June 25, 2009), the New York Court of Appeals held that a tenant’s general liability insurer had an obligation to defend the tenant’s landlord against a personal injury action arising on the leased property.
Joseph Kassis leased property to Kassis Superior Sign Co., Inc. (Superior Sign). Superior Sign obtained a general liability insurance policy on the property from The Ohio Casualty Insurance Company. An employee of Superior Sign brought a personal injury action against Superior Sign and Kassis after slipping on snow in front of the property. Ohio Casualty disclaimed coverage for Kassis because the policy only named Superior Sign as an insured.
Kassis and Superior Sign filed an action against Ohio Casualty seeking a declaration that Kassis was an additional insured under the policy and that Ohio Casualty had a duty to defend and indemnify Kassis in the personal injury action. The trial court granted summary judgment in favor of Kassis, but the Appellate Division reversed.
The Court of Appeals, however, agreed with the trial court and reversed the Appellate Division. The court determined that the policy’s additional insured provision extended coverage not only to the named insured, but also to any person or organization that Superior Sign was required to name under a written contract or agreement. The court found that the lease required Superior Sign to obtain coverage for personal injury for the “mutual benefit” of Kassis and Superior Sign. Further, an “additional insurance” provision of the policy indicated that Superior Sign may obtain, for just itself, certain other types of coverage. The court therefore held that Kassis was an additional insured under the policy and that Ohio Casualty was obligated to defend him in the personal injury action.
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