Nicotra Group, LLC v. American Safety Indem. Co

In Nicotra Group, LLC v. American Safety Indem. Co. (48 AD3d 253, 850 NYS2d 455 [1st Dept 1996]), the Court held that plaintiff Nicoltra Group, LLC, was not afforded "additional insured" status under the insurance policies issued by Hanover and American Guarantee to the construction manager for the subject Hilton Hotel project. The Court stated, "No written contract was ever entered into whereby the construction manager agreed to insure Nicotra with respect to the former's work at the project. The only document relating to the work to be performed by the construction manager was a letter proposal, which was never signed by Nicotra and therefore does not qualify as a 'written contract' that was 'executed' prior to the 'bodily injury,' within the meaning of the policies""