In Rodless Properties v. Westchester Fire Ins., 40 AD3d 253, 835 N.Y.S.2d 154 [1st Dep't 2007], a construction worker fell from a scaffold and sued the owner of the project.
The general contractor's insurance policy contained an additional insured provision that the contract requiring the other party to be named as an insured must be executed prior to the loss.
When the general contractor's insurer refused to defend the owner, the owner brought a declaratory judgment action.
The Appellate Division granted summary judgment to the insurer, declaring that it was not obligated to defend or indemnify the owner of the project.
However, there was no proof of an oral contract to name the owner as an additional insured because the certificate of insurance was issued as a matter of information only and was tendered after the loss.