This story is reprinted with permission from FC&&S Legal, the industry's only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.
Insurance policies, like most contracts, are only valid between the persons or entities who entered into the agreement. In some cases, other parties can be covered under an insurance policy as an additional insured. But that coverage depends on the wording of the endorsement, state contract and insurance laws and how close the relationship is between the various parties.
One workers' compensation case recently decided by the U.S. Court of Appeals for the Second Circuit highlights these issues. The appeals court has ruled that a building owner was not an additional insured on a subcontractor's insurance policy where the owner was not in contractual privity (that is, a close enough relationship or party to the contract) with the subcontractor.
|The case
Jumall Little, an employee of The Kimmell Company, Inc., allegedly was injured while repairing an HVAC system at a building owned by the University of Rochester Medical Center / Strong Memorial Hospital (UR). Little sued:
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