Trapani v. 10 Arial Way Associates
Cesare Trapani, an employee of P & W Electric, Inc., was injured at a construction site owned by 10 Arial Way Associates and managed by The Marcus Organization, Inc. Both property owner and manager sought defense and indemnification as additional insureds under an insurance policy issued by Assurance Company of America to P & W. A Judicial Hearing Officer initially found them to be additional insureds, a finding upheld by the Supreme Court which denied summary judgment to P & W and Assurance. On appeal, the order was reversed. The appellate court determined that the work contract did not expressly or specifically require additional insured coverage, and a certificate of insurance alone was insufficient. Consequently, the motions by P & W Electric, Inc. and Assurance Company of America were granted, the cross-motions by 10 Arial Way Associates and The Marcus Organization, Inc. were denied, and a judgment was entered declaring that the latter are not entitled to insurance coverage as additional insureds.