Additional Insured Can Rely on Certificate

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The trial court judgment granted the motion of defendant Philadelphia Insurance Companies for summary judgment declaring that it had no obligation to defend or indemnify plaintiff. In County Of Erie v. Gateway-Longview, Inc., et al., And Philadelphia Insurance Companies, 157 CA 20-00665, 2021 NY Slip Op 02631, Supreme Court Of The State Of New York Appellate Division, Fourth Judicial Department (April 30, 2021) the Appellate Division looked on the judgment with a jaundiced eye.

ZALMA OPINION

People, not necessarily insurance experts, rely on Certificates of Insurance as evidence that they are protected by the insurer who issued, or allowed the insurer’s agent, to issue a certificate of insurance showing it to be an additional insured. I would, of course, prefer that no one rely on a Certificate of Insurance and demand the actual endorsement or policy with the endorsement showing it to be an additional insured.