First Department Finds That Agreement Signed By Only One Party Is Insufficient To Trigger Additional Insured Provision

In Cusumano v. Extell Rock, LLC, an unsigned Construction Agreement that named Hard Rock Cafe as an additional insured, and a "Work Authorization" signed only by the named insured, Region Facility Services, was held to be insufficient to trigger Twin City Fire Insurance Company's additional insured provision that requred a written contract or agreement requring Region to add Hard Rock as an additional insured. The Court found that an agreement signed by only one party is not "executed" as that term is used in an insurance policy (Nicotra Group LLC v. American Safety Indem. Co., 48 AD3d 253). Therefore, the Court held that Twin City was not obligated to defend or indemnify Hard Rock.

The Court further held that a declaration that Twin City was not obligated to defend or indemnify Hard Rock in the underlying actions was the proper method for disposing the action, rather than by judgment dismissing the complaint against Twin City (Maurizzio v Lumbermens Mut. Cas. Co., 73 NY2d 951, 954 [1989]).