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Policy Exclusions Not Affected by Additional Insured Endorsement

The Second Department explained how the exclusion provisions of a policy are affected by the language of an additional insured endorsement:

Here, the plain meaning of the exclusion … was that the …policy did not provide coverage for damages arising out of bodily injury sustained by an employee of any insured in the course of his or her employment…. Contrary to the plaintiffs’ contentions, the fact that the blanket additional insured endorsement contained its own additional exclusions did not eliminate the exclusions contained in the …policy. In construing an endorsement to an insurance policy, the endorsement and the policy must be read together, and the words of the policy remain in full force and effect except as altered by the words of the endorsement…. Accordingly, since the employee exclusion clause in the …policy unambiguously recited that coverage was precluded, the Supreme Court properly granted … a judgment declaring that [the insurer] is not obligated to defend and indemnify the plaintiffs in the underlying action. Soho Plaza Corp v Birnbaum, 2013 NY Slip Op 05058, 2nd Dept 7-3-13

 

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