Plaza Construction Corp. v. American Home Assurance Co

In Plaza Construction Corp. v. American Home Assurance Co., (Sup Ct, NY County 2009) (Edmead, J.) the Court adopted the same interpretation of the phrase "arising out of" as it is construed in this Court's prior order in the within action. Id., at 15. Justice Edmead notes, however, that "the term negligent acts or omissions' is narrower, requiring more than a showing that the underlying action arose out of the subcontractor's negligent acts or omissions.'" Id., at 16. In construing the "acts or omissions" language, the Court stated that: paintiffs failed to demonstrate that the underlying plaintiff's injuries were caused by an act or omission of the named insured. There is no showing of any acts undertaken, by the named insured's employees or of someone on behalf of the named insured caused the underlying plaintiffs injuries. The underlying plaintiff's injuries may have had, in a gneral sense, some connection with the work the named insured was performing at the site to the extent that the injured plaintiff was working for the named insured at the time of his accident, but the insurance policy at issue requires more than such a showing; there must be a showing that the named insured (or its employees or someone on its behalf) performed an act or omission that caused the underlying injuries. Id., at 19-20.