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Case Briefs

By ALM Staff | Law Journal Newsletters |
December 22, 2008

Additional Insured Status

In Briarwoods Farm, Inc. v. Central Mutual Insurance Company, 866 N.Y.S.2d 847, 2008 N.Y. Slip Op. 28435 (Sup. Ct. Oct. 29, 2008), the New York Supreme Court (Orange County) held that although a general contractor's additional insured coverage under a subcontractor's policy provided primary coverage (unless otherwise agreed to by the parties), a court could still determine that the general contractor's own direct liability carrier should also provide primary coverage, thus “rendering both policies equally obligated to cover the costs associated with” the underlying action. Id. at *2.

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