Inchaustegui v. 666 5th Avenue Ltd. Partnership

In my view, the majority improperly limits the damages recoverable by the landlord to the amounts paid for insurance premiums and certain “out-of-pocket costs suffered by the landlord and not covered by the procured insurance.” I would modify the order to award the landlord all its damages resulting from the tenant’s failure to procure insurance. Accordingly, I dissent.

The measure of damages for breaching a contractual provision to procure liability insurance naming* the other party to the contract as an additional insured is all damages resulting from the breach, including the amount paid to…