The appellate court affirmed a party’s right to pursue both coverage as an additional insured while also seeking to enforce a contractual indemnity claim. Daniello v. J.T. Magen & Co., Inc., 2026 N.Y. App. Div. LEXIS 1994 (N.Y. App. Div. March 31, 2026).

The lower court granted defendant/third party defendant L&K Partners, Inc.’s motion for leave to reargue its prior motion for summary judgment against third party defendant United States Information Systems, Inc. (USIS, Inc.) on its contractual and common-law indemnity claims, and, upon re-argument, granted the motion. USIS appealed.

USIS Inc.’s argument that L&K was pursuing an insurance coverage disputed claim masquerading as an indemnity claim was rejected. A party could pursue contractual indemnification in addition to seeking additional insured coverage from the indemnitor’s insurer. L&’s contract with USIS, Inc. included a valid indemnity clause, and that clause was triggered when the plaintiff claimed injuries incurred in the course of his work for a subcontractor of USIS, Inc. L&K now merely sought to hold USIS, Inc. responsible at law for the benefit of the contractual bargain.