In Christ the King Regional High School v. Zurich Ins. Co. of N. Am., 91 AD3d 806 [2nd Dept 2012]), the Appellate Division Second Department held that the premises' lessee's insurer was not obligated to defend and indemnify the owner under the additional insured coverage provided in the lessee policy's in an underlying personal injury action. In Christ the King, the personal injury plaintiff was injured on the sidewalk in front of a school that was leased by Christ the King Regional High School ("Christ the King") to All American Talent ("All American"), whereby All American was to rent the auditorium and three classrooms in Christ the King for two days for a dance competition. Personal injury plaintiff was injured when she fell on a sidewalk while walking from the parking lot behind the school to the school's front entrance in order to attend the dance competition. The personal injury plaintiff commenced an action against Christ the King, alleging that her fall was caused by a sidewalk defect. Christ the King sought a defense and indemnification in the personal injury action from All American's insurer Zurich Insurance Company of North American ("Zurich") under an additional insured endorsement of a general liability policy issued by Zurich to All American. When Zurich denied that request, Christ the King commenced an action for a judgment declaring that Zurich was obligated to defend and indemnify it in the underlying personal injury action. Zurich moved for summary judgment declaring that it was not so obligated, claiming that Christ the King was not entitled to additional insured coverage under the subject policy. In holding that Zurich did not have an obligation to defend and indemnify Christ the King, the Appellate Division Second Department stated: "Tthe above-quoted provision of the subject policy only provides additional insured coverage for "liability arising out of the . . . use of that part of any premises leased" to All American. Zurich met its prima facie burden of demonstrating that [Christ the King] failed to satisfy this portion of the policy by showing that the contract defined the leased premises as the school auditorium and three classrooms, and that the accident that is the subject of the underlying action occurred outside the school building."