Can an additional insured endorsement for “liability arising out of” the work of the named insured be triggered where the named insured is neither the employer of the party injured nor a negligent party?
In 2008, the Court of Appeals, in Worth Const. Co. Inc. v. Admiral Ins. Co.,1 stated that “[g]enerally, the absence of negligence, by itself, is insufficient to establish that an accident did not ‘arise out of’ an insured’s operations.” However, a number of recent and sharply divided appellate decisions interpreting Worth raise questions as to the role negligence may play in additional insured coverage.
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