After being sued in a personal injury action, Marc-Scot Realty (property owner) and Willie Construction, sought a defense as additional insureds under Arch Builder's (general contractor) liability policy.  See Marc-Scot Realty Corp v. Praetorian Ins. Co., 2010 U.S. Dist. LEXIS 29380 (E.D. N.Y. March 26, 2010). 

    The court agreed Willie Construction was an additional insured, but determined Marc-Scot was not.  Marc-Scot argued it was not named as an additional insured in the policy due to a "ministerial error."  Marc-Scot pointed to the "Blanket Additional Insured" which it argued was intended by the parties to included March Scot as an additional insured.  The court disagreed, noting that the Certificate of Insurance effective at the time of the occurrence failed to name Marc-Scot as an additional insured. 

   The court then found that although Willie Construction was an additional insured, it had failed to give timely notice of the accident.  Willie Construction gave notice thirty months after the accident and thirteen months after receiving a Certificate of Insurance.  Arch Builders, the named insured, never notified the insurer of the occurrence and advised the other parties that there was no applicable coverage.  Willie Construction argued that Arch Builder's decision not to notify the insurer of the occurrence should not affect coverage for the additional insureds.  The court disagreed and granted summary judgment to the insurer.