DYNATEC CONTR., INC. v. BURLINGTON INS. CO.

11666. 655241/17.

184 A.D.3d 475 (2020)

125 N.Y.S.3d 691

2020 NY Slip Op 03458

Dynatec Contracting, Inc., Respondents, v. The Burlington Insurance Company, Appellant, et al., Defendant.

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

Decided June 18, 2020.


653 Tenth was not an additional insured under the Burlington policy issued to Rock Scaffolding, given the absence of contractual privity between Rock Scaffolding and 653 Tenth. The Burlington policy included as an additional insured, "any person(s) or organization(s) with whom you [Rock Scaffolding] agreed, because of a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Part." However, no such contract exists between...

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