In Moll v. Wegmans Food Mkts., 300 AD2d 1041, 1043, 755 N.Y.S.2d 131 [4th Dept 2002], a waste management company was required to purchase insurance naming a store as an additional insured.
The company argued that the store was not entitled to damages for failure to procure insurance because the store offered no evidence that its solid waste management agreement covered the underlying accident, and that the fact that the plaintiff slipped on a "slimy smelly fluid" in proximity to a dumpster was insufficient to establish its liability under the agreement (id. at 1042).
However, the Court noted that the company agreed to "maintain and make available to the store, at all reasonable times, reasonably sufficient equipment and personnel to enable it to remove such solid waste" (id. at 1043).
The Court, therefore, held that "the evidence that plaintiff slipped on a substance that allegedly came from the dumpster was sufficient to establish that the injury was covered by the agreement" (id.).