MEMORANDUM DECISION AND ORDER On February 13, 2018, Maxum Indemnity Company filed a complaint seeking a declaration that it has no obligation to indemnify any of the defendants, who are parties in a personal injury lawsuit pending in state court. (ECF No. 1.) On July 16, 2018, the Bakery Defendants1 answered the complaint and asserted counterclaims against Maxum, including for a declaratory judgment that Maxum must indemnify them in the underlying lawsuit. (ECF Nos. 29-31.) On April 3, 2019, Maxum moved for summary judgment against the appearing defendants (ECF No. 51), and for default judgment against the non-appearing defendants (ECF No. 50). On May 8, 2019, the Bakery Defendants cross-moved for summary judgment. (ECF No. 52.) For the reasons that follow, I grant Maxum’s motions for summary judgment against the appearing defendants and for a default judgment against the non-appearing defendants, and deny the Bakery Defendants’ cross-motion for summary judgment. BACKGROUND The parties stipulated to the following facts. (ECF No. 53-1.) Maxum issued a commercial general liability policy to Oxford Interior Corp. for the period of September 12, 2016 to September 12, 2017. (Id. 1.) The policy includes a provision entitled “Exclusion — Contracted Persons” which provides as follows: EXCLUSION — CONTRACTED PERSONS This insurance does not apply to “bodily injury,” “property damage,” “personal and advertising injury” or “medical payments” to: 1. Any contractor, subcontractor or independent contractor contracted with you, any insured, or others on yours or any insured’s behalf. 2. Any person employed by, leased to or contracted with any contractor, subcontractor or independent contractor contracted with you, any insured, or others on yours or any insured’s behalf. 3. The spouse, child, parent, brother or sister of any of the above persons. This exclusion applies regardless of whether: 1. The subject contract is oral or written; 2. You or any insured is acting in the capacity of a contractor, subcontractor or independent contractor; or 3. The services are being performed by or for the contracted contractor, subcontractor or independent contractor. (Id. 2.) On January 18, 2017, Jorge Zurita filed a complaint in the New York Supreme Court, Kings County, against all of the defendants in this action, alleging that he fell from a scaffold while working at a construction site and that the defendants were negligent. (Id.
