News & Insights

Insurance Coverage Alert - July 2017

July 19, 2017

New York Court of Appeals Interprets The Fault Back into ISO’s Fault–Based Additional Insured Endorsement

Effectively overruling a body of case law that was becoming entrenched in New York’s insurance jurisprudence, the New York Court of Appeals held in Burlington Ins. Co. v. NYC Transit Authority, --- N.E. ---, 2017 N.Y. Slip Op. 04384 (2017) that the phrase “caused by” in an additional insured endorsement required proximate causation, not the broader “but for” causation associated with “arising out of.” 

Attachment: Insurance Coverage Alert - July 2017