Court Expands Exposure Under Additional Insured Endorsement


Claimant was injured while using a third-floor elevator while working for Bed Bath & Beyond. The claimant commenced an action against the owner for his personal injuries. The tenant’s (Bed Bath & Beyond) policy provided coverage for “liability arising out of the ownership, maintenance, or use of the leased premises.”

The Court found that a tenant’s insurer was obligated to defend the owner of a building based on additional insured principles. The court held that regardless of maintenance responsibilities, the elevator in question was included in the leased premises because it was used by Bed Bath & Beyond in the course of its business to provide it with access to the premises. Click to see Decision