In Burlington v. NYC Transit Auth., 29 N.Y.3d 313, 317 (2017), the Court of Appeals held that where an additional insured (AI) endorsement on a Commercial General Liability (CGL) policy is “restricted to liability for any bodily injury caused in whole or in part by the acts or omissions of the named insured, the coverage applies to injury proximately caused by the named insured.”

The case was a significant change from longstanding appellate case law which had previously held that, where the named insured’s employee was injured, the employment relationship alone was sufficient to trigger AI coverage for endorsements with this wording, which includes most of the current 04 13 and 12 19 Insurance Service Organization (ISO) forms. See Julian D. Ehrlich, “Readjusting Risk Transfer” NYLJ (June 12, 2017).