Burlington Ins. v. NYC Transit Auth., 19 N.Y.3d 313 (2017), decided by the Court of Appeals on June 6, 2017, interpreted additional insured (AI) coverage and, as expected, has had quick and widespread influence in and well beyond New York. Julian D. Ehrlich, “Readjusting Risk Transfer: ‘Burlington Ins. v. NYC Transit Auth.,’“ NYLJ, June 12, 2017; see, e.g., Am. Guar. & Liab. Ins. Co. v. Norfolk S. Ry. Co., 2017 U.S. Dist. LEXIS 178808 (E.D. Tenn. 2017).

However, many insurers are applying Burlington in an overly restrictive manner, thereby raising questions by insureds as to how to re-establish agreed upon risk transfer.

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