General contractors are the proverbial meat of the additional insured sandwich. Upstream, or on one side of the sandwich, the legal Burlington case presents an opportunity for general contractors and their carriers to potentially avoid risk transfer obligations to owners if an owner is 100% negligent for third-party claims for bodily injury or property damage. (Photo: Shutterstock)
Arguably the most impactful recent decision in the world of additional insured coverage is Burlington Ins. Co. v. NYC Tr. Auth., 29 N.Y.3d 313 (2017), issued June 6, 2017 by the New York Court of Appeals and already cited over 40 times from California to Tennessee to Kansas.
Nationwide, Burlington has prompted insurers to issue more additional insured tenders denials often referring to the case by name. However, recent appellate court decisions are finding these denials are frequently improper while also providing useful guidance on the new standard of additional insured coverage.
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