Legal Question in Insurance Law in New York

rights of an additional insured

i am named as additional insured on a commercial policy. the named insured did not report an occurrence in a timely manner. i am being sued along with the named insured. the company will not defend me due to the named insured's failure to promptly report the occurence. isn't the insurance company obligated to defend the additional insured anyway? can i bring suit against the company or do i have to bring suit against the named insured? thanks.


Asked on 5/13/09, 8:33 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: rights of an additional insured

I would hire a coverage attorney to look at the policy. There are a ton of questions that I would need to ask you in order to provide you with any guidance. There is a question of whether the insurance company was actually prejudiced, what are your rights under the policy etc.

If the amount of exposure ($ that you may have to pay) is right then you may want to consider bringing a declaratory judgement action against the policy.

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Answered on 5/13/09, 8:45 am


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