N.Y. Court Denies Carrier Leave to Amend Answer Based on Insured's Alleged Fraud

NEW YORK - A New York trial court has denied an insurance company leave to amend its answer and seek to be removed from a declaratory judgment action, saying that even if alleged misrepresentations make the policy void as to the primary insured, others may be entitled to coverage as additional insureds. QBE Insurance Corp. v. ADJO Contracting Corp., et al., No. 601695/20009 (N.Y. Sup. Ct., Nassau Cty.).

Judge Ira B. Warshawsky of the Nassau County (N.Y.) Supreme Court issued the decision on Sept. 23, saying that the defense proposed by third-party defendant Ohio Casualty Insurance Co. "fails as a …