The Burlington Insurance Company, Appellant v. NYC Transit Authority, Respondents

Summary

The Court held that the additional‑insured endorsement’s phrase “caused, in whole or in part, by” requires proximate causation by the named insured, so coverage does not extend to NYCTA and MTA where the named insured BSI was not the proximate cause of the employee’s injury. The Appellate Division’s denial of summary judgment was reversed and the case remanded for further proceedings. Justice Fahey dissented, arguing that the endorsement should be read to provide coverage regardless of the named insured’s negligence.