National Abatement Corp. v. National Union Fire Ins. Co. of Pittsburgh, Pa

In National Abatement Corp. v. National Union Fire Ins. Co. of Pittsburgh, Pa., 33 AD3d 570 [1st Dept 2006] the First Department considered similar additional insured language where the written contract did not exist at the time of the accident (National Abatement Corp., 33 AD3d at 571). The Court held that: "Here, there is additional insured coverage only if such coverage is required by 'written contract,' but none existed at the time of the accident underlying this personal injury action. Contrary to plaintiffs' understanding, the fact that an unsigned contract may be enforceable if there is objective evidence the parties intended to be bound or the eventual writing was intended to be valid retroactively has no bearing on whether there is a 'written contract' pursuant to the policy endorsement. Interpreting the insurance contract under the same principles as any ordinary business contract, we find the subject provision unambiguous, and reasonably susceptible to only one meaning, leaving no occasion to consider parol evidence of the parties' course of conduct" (id.). Therefore, the First Department held that the insurer's motion for summary judgment declaring that it was not obligated to defend or indemnify the plaintiffs in the underlying personal injury action was properly granted (id. at 570).