The insurer unsuccessfully moved for reconsideration of the court's holding that additional insured coverage was not limited to vicarious liability of the named insured. First Mercury Ins. Co. v. Shawmut Wood-Working & Supply, Inc., 2014 U.S. Dist. LEXIS 155095 (D. Conn. Oct. 31, 2014)
The additional insured endorsement provided coverage for liability for "bodily injury" caused, in whole or in part, by:(1) the insured subcontractor's acts or omissions; or (2) the acts or omissions of those acting on the insured's behalf in the performance of the insured's ongoing operations for the additional insured.
In the initial summary judgment motion, the insurer contended that the purpose of the additional insured endorsement was to provide coverage for vicarious liability only. The court rejected this argument. The policy language contained no language to achieve this limitation.
