Wade Clark Mulcahy LLP

The New York Court of Appeals left intact our client’s AI coverage win in the First Department, which we reported on here: https://www.wcmlaw.com/news/first-department-rules-that-circumstances-do-matter-in-evaluating-ai-tenders-in-public-sidewalk-cases.  In denying appellant’s motion for leave to appeal, New York’s high court confirms that circumstances do matter in AI tender disputes.  In February 2025, the Appellate Division, First Department affirmed summary judgment for our client, which insured a ground-level commercial tenant.  After a pedestrian tripped and fell over a bulkhead around the corner from the insured’s tenancy, the building owner pressed for coverage citing the additional insured provision of the tenant’s insurance policy.  We pushed back because the particular circumstances of our case did not trigger AI coverage.  New York courts agreed.

A great win for our client.  The defense started at the tender stage and concludes with New York’s high court refusing to take the appeal.  Please see below for our original post regarding the important Appellate Division decision. Please contact Dennis Wade or Abed Bhuyan for more information about this decision or WCM's insurance coverage practice.