It is the question many in the industry have asked in light of
the 2018 New York Court of Appeals decision in the Gilbane
case. (Gilbane Bldg. Co./TDX Constr. Corp., et al. v. St. Paul
Fire & Marine Ins. Co., et al., 31 N.Y. 3d 131 (2018)). In
Gilbane the court held that a party was not entitled to
coverage as an additional insured when such party did not have a
written contract with the policy holder requiring such status.
Additional insured status may be very important in that, in
addition to affording an additional insured a legal defense, it may
provide coverage against risks that are not adequately covered by
the additional insured's own insurance.
Gilbane involved a project manager who was listed as an
additional insured on a general contractor's insurance policy,
but did not have a written agreement with the general contractor
obligating it to insure the project manager as an additional
insured. When a claim arose and the project manager sought coverage
from
