Gap, Inc. v. Fireman's Fund Insurance

OPINION OF THE COURT

Ellerin, J.

Plaintiff The Gap was named as an additional insured on the standard commercial general liability portion of a portfolio insurance policy issued by defendant Fireman’s Fund Insurance Company to nonparty Fisher Development, Inc. (FDI), a general construction contractor engaged to perform construction and improvement work at several of The Gap’s sites. During the policy period, The Gap sustained damage to its premises at 45 West 18th Street when a heat pipe cap installed by one of FDI’s subcontractors cracked and ruptured. The question before us is whether The Gap…