HNRK Coverage Corner

On December 22, 2022, Judge Failla of the SDNY issued a decision in 622 Third Ave. Co., L.L.C. v. National Fire Ins. Co. of Pittsburgh, Pa., 21 Civ. 6050, ruling that a liability insurer could not deny defense coverage to an additional insured based on extrinsic evidence that was “bound up with the merits of the underlying case” against the insured.

The Plaintiff in 622 Third Ave., a property owner, was sued by an employee of a subcontractor who was allegedly injured while working on a project at the Plaintiff’s building.  Plaintiff sought coverage as an additional insured under its ...