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CARGO, AG v. NEW YORK MARINE AND GENERAL INSURANCE COMPANY

40 A.D.3d 444 (2007)

834 N.Y.S.2d 659

LUFTHANSA CARGO, AG, Respondent, v. NEW YORK MARINE AND GENERAL INSURANCE COMPANY, Appellant.

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

Decided May 22, 2007.

Under New York law, "each individual additional insured ... must be treated as if separately covered by the policy and indeed as if he ... had a separate policy of his own" (Greaves v Public Serv. Mut. Ins. Co., 5 N.Y.2d 120, 124 [1959]), even where, as here, the policy is issued based on a material misrepresentation by the primary insured (see BMW Fin. Servs. v Hassan, 273 A.D.2d 428 [2000...

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