GJF Construction, Inc. v. Sirius America Insurance

Catterson, J.P, and Richter, J.,

concur in a separate memorandum by Richter, J., as follows: I agree that there is no coverage because GJF’s status as an additional insured was not “on file” with Sirius, as required by the policy language. However, I do not conclude that the letter from defendant’s counsel constitutes a formal judicial admission. During the course of discovery, plaintiffs’ counsel sent a letter to defendant’s counsel asking whether GJF was an additional insured under Sirius’s policy. The letter advised that plaintiffs would seek to depose a Sirius underwriter if Sirius’s…