Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

KURTIN v. AMTRAK

June 6, 1995

DIDO KURTIN, Plaintiff, against NATIONAL RAILROAD PASSENGER, CORPORATION (AMTRAK), Defendant. NATION RAILROAD PASSENGER, CORPORATION (AMTRAK), Third-Party Plaintiff, - against - GEORGE CAMPBELL PAINTING CORP., Third-Party Defendant. GEORGE CAMPBELL PAINTING CORP., Fourth-Party Plaintiff, - against - LIBERTY MUTUAL INSURANCE COMPANY, Fourth-Party Defendant.

Peter K. Leisure, U.S.D.J.


The opinion of the court was delivered by: PETER K. LEISURE

LEISURE, District Judge:

 This is an action brought by Dido Kurtin ("Kurtin") against the National Railroad Passenger Corporation ("Amtrak"), seeking recovery for injuries allegedly sustained as the result of a fall from the Hell's Gate Bridge (the "Bridge"). Amtrak brought a third-party action against George Campbell Painting Corporation ("Campbell" or "plaintiff"), Kurtin's employer, seeking common law and contractual indemnification. Campbell, in turn, brought a fourth-party action against Liberty Mutual Insurance Company *fn1" ("Liberty" or "defendant"), its insurance carrier. Plaintiff now moves this Court for an order declaring that Liberty is obligated to defend and indemnify Campbell with respect to the claims in the Kurtin action. Liberty opposes Campbell's motion and requests that the Court declare that Liberty is not obligated to defend, cover or indemnify Campbell for Kurtin's accident. For the reasons stated below, Campbell's motion is granted, and Liberty's request is denied.

 BACKGROUND

 The facts necessary to a decision on the instant motion are uncomplicated, undisputed *fn2" and easily summarized. On August 26, 1993, Kurtin, a painter in the employ of Campbell, fell from the Bridge and sustained injuries. Liberty had previously issued a commercial general liability ("CGL") policy to Campbell. The CGL policy stated:

 
2. Exclusions
 
This insurance does not apply to:
 
e. "Bodily Injury" to:
 
(1) An employee of the insured arising out of and in the course of employment by the insured; . . .
 
This exclusion applies:
 
(1) Whether the insured may be liable as an employer or in any other capacity; and
 
(2) to any obligation to share damages with or repay someone else who must pay damages because of the injury.
 
This exclusion does not apply to liability assumed by the insured under an ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.