In Inchaustegui v. 666 Fifth Avenue LP (96 NY2d 111, 749 N.E.2d 196, 725 N.Y.S.2d 627 [2001]), where a tenant breached an agreement to maintain a liability insurance and name the landlord as an additional insured, the Court of Appeals held that the landlord, having procured its own insurance, sustained no loss beyond its out-of-pocket costs and thus, could not look to the tenant for the full amount of the settlement and defense costs in the underlying tort claim. Thus the landlord's damages were limited to the costs of purchasing the substitute insurance and other out-of-pocket expenses arising from the liability claim not covered by the substitute insurance, such as any deductibles or any increase in premiums resulting from the liability claim (Inchaustegui, at 127).