Peter Urreta Wins Motion for Summary Judgment on Declaratory Judgment Action On Behalf of Harleysville Insurance Company

The Supreme Court, New York County, held that the property owner Hilton Hotels was not entitled to additional insured coverage from Harleysville Insurance Company because it was not a party to a written agreement between the general contractor and a subcontractor which required the subcontractor to procure additional insured coverage for the owner.

In the underlying action, the general contractor Structure Tone subcontracted with Tobin Woodworking for work at the Hilton Hotel project pursuant to a purchase order, which incorporated a Blanket Insurance/Indemnity Agreement. The Blanket Insurance/Indemnity Agreement required Tobin to procure insurance coverage which contained an endorsement naming "Structure Tone Inc. as a named additional insured and endorsement of specified owners and other additional insureds as may be required from time to time."

Tobin obtained a general liability policy with Harleysville Insurance Company which contained two endorsements with respect to additional insured coverage. The first, Endorsement CG 2033, states that "Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be named an additional insured on your policy." The second endorsement, CG 7186, states that "Who is an insured is amended to include as an insured any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this policy ..."

We prevailed on our argument that since Hilton Hotels had not agreed in writing with Tobin Woodworking that Hilton be named an additional insured, Hilton was not entitled to such coverage since Hilton was not in privity of contract with Tobin, as required by the additional insured endorsements. As such, the court granted our motion for an Order pursuant to CPLR §§ 3212 and 3017 granting a declaration that Hilton Hotels Corporation is not an additional insured under the Harleysville Insurance Co. policy issued to Tobin Woodworking.