Legal Opinion

Zurich American Insurance Co. v. Endurance American Speciality Insurance Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 2016No. 2437 159837/14PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered March. 25, 2016, which denied defendant’s motion for summary judgment, unanimously affirmed, with costs.

Plaintiff seeks a declaration that Newmark Knight Frank (and certain other entities) are additional insureds under a policy that defendant issued to Kras Interior Contracting Corp. Defendant’s policy says, “The following are included as additional insureds: Any entity required by written contract . . . to be named as an insured” (emphasis added). On October 11, 2012, Newmark sent a purchase order/agreement to Kras. It…

2Cases cited3 opinions

  1. National Abatement Corp. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. LMIII REALTY, LLC v. GEMINI INSURANCE COMPANYAppellate Division of the Supreme Court of the State of New York · 2011
  3. Cusumano v. Extell Rock, LLCAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by5 opinions

  1. Netherlands Ins. Co. v. Endurance Am. Specialty Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2018
  2. A1 Specialized, Inc. v. James Riv. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2026
  3. Falls Lake National Insurance Company v. Best Interior Solutions Inc.District Court, S.D. New York · 2025
  4. Flintlock Construction Services, LLC v. Travelers Indemnity Company and Travelers Indemnity Company of ConnecticutDistrict Court, S.D. New York · 2026
  5. Travelers Property Casualty Company of America v. Netherlands Insurance CompanyDistrict Court, S.D. New York · 2023

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