Del Bello v. General Acc. Ins. Co. of America
| Decision Date | 14 July 1992 |
| Citation | 585 N.Y.S.2d 918,185 A.D.2d 691 |
| Parties | Dale DEL BELLO, Individually and as Successor in Interest in Liquidation of Nippon Steak House, Inc., and Nippon Steak House Inc., Respondents, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Appellant, and Scheff & Kaitz Insurance Agency, Inc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Hodgson, Russ, Andrews, Woods & Goodyear by Hugh Russ, III, Buffalo, for appellant.
Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria by William Feigenbaum, Buffalo, for respondents, Dale Del Bello and Nippon Steak House, Inc.
Lustig & Brown by David E. Fretz, Buffalo, for respondent, Scheff & Kaitz Ins. Agency, Inc.
Before BOOMER, J.P., and GREEN, BOEHM and FALLON, JJ.
Plaintiff Nippon Steak House, Inc. (Nippon), the predecessor in interest to plaintiff Dale Del Bello, is the former owner of premises leased to First Wok Chinese Restaurant (First Wok). Defendant Scheff & Kaitz Insurance Agency (Scheff) orally bound insurance coverage on behalf of First Wok with General Accident Insurance Company of America (General Accident) in the form of a Special Multi-Peril insurance policy, including coverage for general liability and fire and contents damage. When informed that Nippon was the owner of the premises, Scheff prepared an insurance binder that included Nippon as an "additional insured". The binder was approved by General Accident and one week later the building was largely destroyed by fire.
We reject General Accident's contention that the language in the binder describing Nippon as an "additional insured" limited Nippon's coverage only to liability. As an "additional insured" Nippon's coverage was as broad as that afforded to First Wok, the named insured, and Nippon was, therefore, covered for the fire damage. Although the Special Multi-Peril policy was not issued until after the fire loss, the insurance binder provided the same protection (see, Employer's Commercial Union Ins. Co. v. Firemen's Fund Ins. Co., 45 N.Y.2d 608, 412 N.Y.S.2d 121 384 N.E.2d 668; 68 NY Jur 2d, Insurance, § 670).
It is undisputed that Scheff had an agency contract with General Accident, giving Scheff full authority to issue and deliver binders and policies of insurance on behalf of General Accident (see, Cees Restaurant v. Lobdell, 15 N.Y.2d 275, 258 N.Y.S.2d 87, 206 N.E.2d 180; Nojaim Bros. v. CNA Ins. Co., 113 A.D.2d 109, 496 N.Y.S.2d 113). It is also uncontroverted that Scheff sought fire and property insurance protection on behalf of Nippon as an "additional insured" (see, Cetta v. Robinson, 145 A.D.2d 820, 535 N.Y.S.2d 805), which term has a well-understood meaning in the insurance industry as an "entity enjoying the same protection as the named insured" (Rubin, Dictionary of Insurance Terms, Barron's 1987). At best, General Accident's position regarding the limitation of that term...
To continue reading
Request your trial
-
World Trade Center Properties v. Hartford Fire
... ... WTC, L.L.C., Westfield Corporation, Inc., Westfield America, Inc., and the Port Authority of New York and New Jersey, ... Eliot Spitzer, Attorney General of the State of New York (Caitlin J. Halligan, Solicitor ... SR Int'l Bus. Ins. Co. v. World Trade Ctr. Props. LLC, 222 F.Supp.2d 385, ... policies issued subsequent to the loss"); Del Bello v. Gen. Accident Ins. Co., 185 A.D.2d 691, 585 N.Y.S.2d ... Lapenta v. Gen. Acc. Fire & Life Assurance Corp., 62 A.D.2d 1145, 404 N.Y.S.2d ... ...
-
Certain Underwriters v. Ill. Nat'l Ins. Co.
... ... 56.1 Reply 12.) The OCIP included $2 million in primary general liability coverage from Illinois National Insurance Co. and listed ... Id. (quoting Del Bello v. Gen. Accident Ins. Co. of Am., 185 A.D.2d 691, 585 N.Y.S.2d 918, 918 ... ...
-
Hunt v. Ciminelli-Cowper Co.
... ... defendants Travelers Property Casualty Company of America, incorrectly sued as The Phoenix Insurance Company ... There was no general contractor, and JCC contracted directly with various prime ... of N.Y. v. Allstate Ins. Co., 98 N.Y.2d 208, 221, 746 N.Y.S.2d 622, 774 N.E.2d ... resolved against Travelers as the insurer ( see Del Bello v. General Acc. Ins. Co. of Am., 185 A.D.2d 691, 692, 585 ... ...
- Kenney v. Zimmerman
-
CHAPTER 3
...and this is unaffected by any changes regarding insurance policies issued subsequent to the loss”); Del Bello v. Gen. Accident Ins. Co., 585 N.Y.S.2d 918, 918-19 (App. Div. 1992) (holding that because binder identified plaintiff as an insured, plaintiff was covered for fire damage even thou......