Contractor's Insurance Company Must Cover Cost of Tenant's Claim

March 1, 2003

LVT Number: 16372

Tenant sued landlord for negligence after being injured by hot water and steam that suddenly came out of a radiator valve. Landlord claimed that its contractor's insurance company should cover the cost of the claim. The insurance company refused. The court ruled for landlord against the insurance company. The company appealed and lost. Landlord's contractor, which replaced the radiator valves a few months before tenant was injured, had insurance to cover ongoing operations.

Tenant sued landlord for negligence after being injured by hot water and steam that suddenly came out of a radiator valve. Landlord claimed that its contractor's insurance company should cover the cost of the claim. The insurance company refused. The court ruled for landlord against the insurance company. The company appealed and lost. Landlord's contractor, which replaced the radiator valves a few months before tenant was injured, had insurance to cover ongoing operations. The contractor's agreement with landlord called for the contractor to test the radiators a few months after tenant's injury. So the contractor's operations were ongoing at the time of tenant's injury, and the insurance company must cover tenant's claim.

Perez v. NYCHA: NYLJ, 2/10/03, p. 19, col. 1 (App. Div.1 Dept.; Tom, JP, Saxe, Ellerin, Lerner, Marlow, JJ)

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