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Duty To Defend Additional Insured Under New York Law.

Publication: Mondaq Business Briefing
Publication Date: 14-FEB-08 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Duty To Defend Additional Insured Under New York Law.(cases of BP Air Conditioning Corp. and Alfa Piping Corp.)

Article Excerpt
Background In BP Air Conditioning , BP Air Conditioning Corp. ("BP") subcontracted some of its work to Alfa Piping Corp. ("Alfa"). The purchase order memorializing the subcontract required Alfa to i) indemnify and hold BP harmless; and ii) obtain a "Comprehensive General Liability Insurance ... naming [BP] ... additional insured." OneBeacon Insurance Group ("OneBeacon") issued a general liability insurance policy to Alfa with an additional insured endorsement providing that "... Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured ..." Slip op. at 3.

Thereafter, Alfa and BP were sued in a personal injury action commenced by an employee of another BP subcontractor who slipped and fell at the work site. OneBeacon...

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