WHITE v. ARON KAUFMAN & CO., INC.


243 A.D.2d 255 (1997)

663 N.Y.S.2d 143

Michael White, as Representative Underwriter and on Behalf of Certain Underwriters at Lloyd's, London and Others, Appellant, v. Aron Kaufman & Company, Inc., et al., Respondents, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 2, 1997


There was no ambiguity in the actual policy with respect to the named insureds. Kaufman & Company was not an additional insured under the policy, and the IAS Court's reliance on the "COVER NOTE" from the broker as the basis for that conclusion was misplaced. The court cannot create coverage where none exists by virtue of the fact that Kaufman & Company had an insurable interest in the stone and/or the anticipated finished products (see, Stainless, Inc. v...

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