Burlington Ins. Co. v. Utica First Ins. Co

In Burlington Ins. Co. v. Utica First Ins. Co. (71 AD3d 712 [2d Dept 2010]), a blanket additional insured endorsement provided that an insured included any person or organization the insured was required to name as an additional insured on the policy "under a written contract or written agreement." The endorsement further provided that the written contract or agreement must be, inter alia, "currently in effect or becoming effective during the terms of this policy; and . . . executed prior to the 'bodily injury' or 'personal injury' (id.). The Court held that "the defendant demonstrated that the contract was not 'executed' at the time of the alleged accident on June 27, 2003, since it was both unsigned and had not been fully performed at that time" (id. at 714). The Court also reasoned that "there is no support for the plaintiffs' contention that the condition in the additional insured endorsement that the contract be 'executed' prior to the bodily injury or personal injury could be satisfied by partial performance" (id.).