ZURICH AMERICAN INSURANCE CO. v. ENDURANCE AMERICAN SPECIALITY INS. CO.

2437, 159837/14.

145 A.D.3d 502 (2016)

2016 NY Slip Op 08313

43 N.Y.S.3d 40

ZURICH AMERICAN INSURANCE COMPANY, Respondent, v. ENDURANCE AMERICAN SPECIALITY INSURANCE COMPANY, Appellant.

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

Decided December 8, 2016.


Plaintiff seeks a declaration that Newmark Knight Frank (and certain other entities) are additional insureds under a policy that defendant issued to Kras Interior Contracting Corp. Defendant's policy says, "The following are included as additional insureds: Any entity required by written contract ... to be named as an insured" (emphasis added). On October 11, 2012, Newmark sent a purchase order/agreement to Kras. It said, "THIS PURCHASE ORDER AND AGREEMENT IS A LEGAL...

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