Landlords in New York state should take immediate steps to confirm that their tenants’ insurance policies properly name them as additional insureds. The new owner/landlord should also ensure that, when a property is sold, the tenant’s insurer issues an updated rider, schedule or endorsement naming the new owner/landlord as an additional insured. A recent decision from the Southern District of New York underscores why these steps matter, as well as the significant role insurance policy provisions play in slip-and-fall cases, particularly between landlords and tenants.
In Accredited Surety and Casualty Co. v. Utica First Insurance Co., the court addressed whether a property owner was entitled to coverage as an additional insured under its tenant’s commercial general liability policy in connection with an underlying slip-and-fall action. The case arose when the plaintiff was allegedly injured at a property in Washington Heights after a fall caused by hazardous ramp conditions. The