On December 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Gemini Ins. Co. v. Golden Ins. Co., 2021 NY Slip Op. 32597(U), holding that an insurance policy did not need to be signed to be in effect, explaining:
As detailed above, Golden acknowledges that Owner is an additional insured under the Golden Policy in excess of the Gemini Policy, but there is a dispute as to whether Management is an additional insured. Specifically, Golden questions when Management executed the Trade Contract. In his March 5, 2020 affidavit, Gruber affirmed that he executed the Trade Contract “between 7/18/2017 and 4/09/2018.” The date of Trinidad’s alleged accident was September 27, 2017. Golden asserts that, if the Trade Contract was signed by Management after the occurrence, there is no coverage.
The Golden Policy provides that an additional insured is “any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy.”
However, when an insurance policy only requires a contract in writing and not a signed or executed contract, coverage exists. The Golden Policy does not explicitly state that the contract or agreement must be executed or signed, only that it must be “in writing.” Golden’s reliance on National Abatement Corp. v National Union Fire Ins. Co. of Pittsburgh, Pa., 33 AD3d 570 (1st Dept 2006) is misplaced as the question in that case was whether a written contract existed at all. Here, there is no dispute that there is a written contract; the fact of when it was signed by Management has no bearing on this issue as the Golden Policy does not require a signed contract just one that is in writing Further, Gilbane Bldg. Co./TDX Constr. Corp. v St. Paul Fire & Mar. Ins. Co., 31 NY3d 131 (2018) is inapplicable as the party seeking coverage as additional insured had no written contract or agreement with the policy holder. Therefore, Golden is not entitled to summary judgment on this issue. However, the court exercises its discretion under CPLR 3212 (b) and grants summary judgment in favor of Gemini as to its requested relief for a declaration that Management is an additional insured under the Golden Policy.
(Internal citations omitted) (emphasis added).