NYC 9/11 Public Portal Document
ace Westchester
specialty group
a. Any person, organization, trustee or estate that has obligated you by
written contract to provide the insurance that is afforded by this policy, but
only with respect to liability arising out of “your work” or “your product”
and to property owned or used by you;
b. At your option and subject to the terms of this policy, any person
organization, trustee or estate (other than the “Named Insured”) included
as an additional insured in the “Underlying Insurance” but only with
respect to liability arising out of “your work”, “your product” or property
owned or used by you;
In early July, 2004, we received a copy of a letter authored by Admiral Insurance Company,
which as noted above, was the primary carrier that issued the policy under which both the
WSLIC and Illinois policies attached. Admiral’s denial of coverage, issued with respect to a
similar claim, addressed only the December 10, 2001 to December 10, 2002 policy year. We
understand, however, that the Admiral policy for December 10, 2002 to December 10, 2003
contained the same policy terms and conditions as the prior policy year.
Admiral’s denial asserted that its policy did not identify the Port Authority as an additional
insured. Moreover, Admiral noted that it was not provided with a lease or any other contract that
might implicate additional insured coverage for the Port Authority. Thus, Admiral denied
coverage to the Port Authority.
For the same reasons, WSLIC and Illinois Union deny additional insured coverage to the Port
Authority. First, since the Port Authority is not an additional insured on the Admiral policy.
Section (2Xb) is not implicated. In addition, since no contract has been provided to Admiral,
Illinois Union, or WSLIC requiring additional insured coverage for the Port Authority for the
World Trade Center clean up site or the Fresh Kills landfill. Section (2)(a) is not implicated.
Accordingly, because the Port Authority is not entitled to named or additional insured status on
the Illinois Union and WSLIC policies, Illinois Union and WSLIC deny any obligation to defend
or indemnify the Port Authority in the Ford and Arcese suit.
In addition, the Illinois Union and WSLIC policies contain the following coverage limitation:
Designated Premises Limitation
Except with Respect to Coverage which may be provided under the automobile limitation
endorsement (L40) or the Employer’s Liability endorsement (108), the coverage provided
by this policy is limited to bodily injury”, “property damage”, “personal injury” or
“advertising injury” arising out of the ownership, maintenance or use of the premises
shown below and operations necessary or incidental to those premises:
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