United States District Court, E.D. New York
MEMORANDUM AND ORDER
J. FEUERSTEIN UNITED STATES DISTRICT JUDGE.
Atlantic Casualty Insurance Company (“Plaintiff”,
“Atlantic Casualty” or “ACIC”)
commenced this declaratory judgment against Defendants DTM
Carpentry Corp. (“DTM”), Linda Moore
(“Linda”), Wilmer E. Villalba
(“Villalba”), John (“Jack”) R. Brady
(“Brady”), Jack R. Brady d/b/a Jack Brady-Custom
Builder (“Builder”; together with Brady, the
“Brady Defendants”), DM Carpentry Corp.
(“DM”), Darren Moore (“Darren”), and
Raymond J. Rieder (“Rieder”), seeking declaratory
judgment that it does not owe coverage, or a duty to defend
or indemnify, DTM or any other person or entity under the
Atlantic Casualty Policy No. L068018773 or any other policy
issued on behalf of Atlantic Casualty, for any claim arising
out of Villalba's February 26, 2016 accident. (See
generally Amended Complaint (ECF No. 4).) Presently
before the Court is Plaintiff's motion seeking summary
judgment on its Amended Complaint (hereafter, the
“Summary Judgment Motion”) (see ECF No.
43; see also Mem. in Supp. (“Support
Memo”) (ECF No. 43-15)), which the Brady Defendants and
Villalba oppose (see ECF No. 44-4 (hereafter,
“Brady Opposition” or “B-Opp'n”);
ECF No. 45-4 (hereafter, “Villalba Opposition” or
“V-Opp'n”)). For the following reasons,
Plaintiff' Summary Judgment Motion is GRANTED.
The Insurance Policy
the “Named Insured” under a commercial general
liability insurance policy issued on behalf of ACIC, Policy
No. L068018773 (hereafter, the “Policy”), which
was effective from October 30, 2015 to October 20, 2016.
(Rule 56.1 Stmt., ¶1.) Among other things, the Policy
contained endorsement AGL-055A (dated “3/13/),
entitled: “Exclusion of Injury to Employees,
Contractors and Employees of Contractors” (hereafter,
the “Exclusion”), which stated:
EXCLUSION OF INJURY TO EMPLOYEES, CONTRACTORS AND
EMPLOYEES OF CONTRACTORS
Exclusion e. Employer's Liability of
SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY
DAMAGE LIABILITY is replaced by the following:
insurance does not apply to:
(i) “bodily injury” to any “employee”
of any insured arising out of or in the course of:
(a) Employment by any insured; or
(b) Performing duties related to the conduct of any
(ii) “bodily injury” to any
“contractor” for which any insured may become
liable in any capacity; or
(iii) “bodily injury” sustained by any spouse,
child, parent, brother or sister of any
“employee” of any insured, or of a
“contractor”, as a consequence of any injury to
any person as set forth in paragraphs (i)
and (ii) of this endorsement.
exclusion applies to all claims and “suits” by
any person or organization for damages because of
“bodily injury” to which this exclusion applies
including damages for care and loss of services.
exclusion applies to any obligation of any insured to
indemnify or contribute with another because of damages
arising out of “bodily injury” to which this
exclusion applies, including any obligation assumed by an
insured under any contract.
respect to this endorsement only, the definition of
“Employee” in the SECTION V -
DEFINITIONS is replaced by the following:
“Employee” shall include, but is not limited to,
any person or persons hired, loaned, leased, contracted, or
volunteering for the purpose of providing services to or on
behalf of any insured, whether or not paid for such services
and whether or not an independent contractor.
As used in this endorsement, “contractor” shall
include, but is not limited to, any independent contractor or
subcontractor of any insured, any general contractor, any
developer, any independent contractor or subcontractor of any
general contractor, any independent contractor or
subcontractor of any developer, any independent contractor or
subcontractor of any property owner, and any and all persons
working for and or providing services and or materials of any
kind for these persons or entities mentioned herein.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN
(Id. at ¶3 (quoting Exclusion at Bates No.
ACIC000051, part of Policy, attached as Ex. 1 (ECF
No. 43-12) to Coric Aff. (ECF No. ...