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

Summary

The New York Court of Appeals reversed the Appellate Division and held that the additional‑insured endorsement’s phrase “caused, in whole or in part, by” requires the named insured to be the proximate cause of the injury; because NYCTA and MTA were the sole proximate cause, they are not covered. The Court also remanded for further proceedings. Justice Fahey dissented, arguing that the endorsement should be read to provide coverage.