1515 BROADWAY FEE OWNER, LLC v. SENECA INSURANCE COMPANY, INC.

6228, 603461/08.

90 A.D.3d 436 (2011)

933 N.Y.S.2d 672

2011 NY Slip Op 8803

1515 BROADWAY FEE OWNER, LLC, et al., Respondents-Appellants, v. SENECA INSURANCE COMPANY, INC., Appellant-Respondent.

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

Decided December 6, 2011.


At issue is whether the stairwell area where the underlying accident occurred is covered by the additional insured clause in the policy procured by the underlying plaintiff's employer from Seneca. The clause extends coverage to plaintiffs herein, the employer's landlord and the managing agent of the building. Coverage exists because the underlying claim arose out of the "maintenance or use" of the leased premises, within the meaning of the additional insured clause. The accident...

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