With little ado, the Appellate Division, Second Department, has quietly handed down three major decisions for negligence and insurance coverage practitioners. In the past year, the Second Department has rendered additional insured “excess endorsements” meaningless; severely altered the manner in which insurance carriers can strike agreements governing their mutual insureds; and held with clarity for the first time that partial contractual indemnity is a viable cause of action in this state. The brevity of these “slip” decisions belies their significance.

Excess Endorsements