Herrnsdorf v. Bernard Janowitz Constr. Corp

In Herrnsdorf v. Bernard Janowitz Constr. Corp., (96 AD3d 1011 [2d Dept 2012]) the insurer moved for summary judgment, submitted the policy at issue, and argued that the defendant was not covered under its policy. In opposition, the defendant submitted a certificate of insurance listing the defendant as an additional insured under the policy. Although the Court found that an exclusion precluding liability under a certain scenario applied, thus relieving the insurer from liability, it also held that "although the certificate of insurance submitted by [defendant] raised a triable issue of fact as to whether defendant was an additional insured under the policy," the factual issue was irrelevant due to the exclusion precluding liability.