A New York district judge has ruled in favor of Atlantic Casualty Insurance Company in a case concerning liability and insurance coverage following a glass door accident at a BJ’s Restaurant. The decision concluded that Atlantic was not obligated to defend or indemnify Piece Management Inc., despite its claim of being an additional insured under the contractor’s policy.
The dispute originated from an April 2022 incident in which Mustafaa Dais was injured when a glass door collapsed on him. The door had been installed by Narway Inc., a contractor hired by Piece. Dais later sued BJ’s, which in turn filed a third-party complaint against both Piece and Narway.
Piece argued that it qualified as an additional insured under Narway’s policy and that Atlantic was required to defend it. However, the court sided with Atlantic, noting that the policy clearly stated the insurer had the right, but not the duty, to defend additional insureds.
The ruling underscores the importance for glass and glazing firms to ensure clear insurance coverage terms. Ambiguous policy language can leave contractors exposed to significant post-installation liability risks.
Source: USGlassMag with additional information added by Glass Balkan