New York Court of Appeals

BP Air Conditioning Corp., Respondent v. One Beacon Insurance Group, Appellant

June 27, 20078 N.Y.3d 708

Summary

The Court of Appeals held that One Beacon Insurance must defend BP Air Conditioning as an additional insured under the CGL policy, rejecting the notion that a liability finding is a prerequisite to that duty. The Court also held that it could not determine the priority of coverage between One Beacon and BP’s own policy because the necessary policies were not before the court.