As I have noted in past columns, I have a particular interest in cases that generate Appellate Division dissents, especially when resolved by 3 to 2 vote. Almost by definition, these are the cases where people can reasonably differ.

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The Dibrino case clarifies that indemnity and additional insured coverage are separate and governed by different standards. Indemnity requires a direct link to a subcontractor’s scope of work, while insurance coverage can apply more broadly. Owners and contractors should carefully draft subcontract clauses to ensure proper risk transfer and avoid unintended limitations.

Roy Schwartz and Harrison N. Perlstein

Roy...

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