Legal Opinion

BP Air Conditioning Corp. v. One Beacon Insurance Group

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

Decided July 6, 2006PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Friedman, J.E

The question presented is whether plaintiff, as an additional insured under a commercial general liability (CGL) policy, is entitled to a defense in an action in which it is uncertain whether any eventual judgment against plaintiff will be within the scope of the coverage. Our answer to this question is dictated by the controlling principle that, in the absence of unambiguous contractual language to the contrary, an additional insured “enjoy[s] the same protection as the named insured” (Pecker Iron Works of N.Y. v Traveler’s Ins. Co., 99 NY2d 391, 393 [2003]…

2Cases cited27 opinions

  1. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  2. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  3. Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
  4. Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
  5. International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974

22 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. BP Air Conditioning Corp. v. One Beacon Insurance GroupNew York Court of Appeals · 2007
  2. United Parcel Service v. Lexington Insurance GroupDistrict Court, S.D. New York · 2013
  3. City of Niagara Falls v. Merchants Insurance GroupAppellate Division of the Supreme Court of the State of New York · 2006
  4. Sea Tow Services International, Inc. v. St. Paul Fire & Marine Insurance Co.District Court, E.D. New York · 2016
  5. Worth Construction Co. v. Admiral InsuranceAppellate Division of the Supreme Court of the State of New York · 2007

5 more not listed; retrieve them via the Exa API.

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