A generally accepted rule of construction in New York insurance law is that an insured has an obligation to read its policy and is bound by its terms.[1]
Further, according to the New York Appellate Court, First Department's 2006 decision in National Abatement Corp. v. National Union Fire Insurance Co., "[t]he party claiming insurance coverage bears the burden of proving entitlement, and is not entitled to coverage if not named as an insured or an additional insured on the face of the policy."[2]
Mr. Rokuson may be contacted at crokuson@tlsslaw.com