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Ohio Sec. Ins. Co. v. Travelers Indem. Co. of Connecticut

Defendant's Policy to Employer Does Not Cover Worker's Job Site Injury Claims

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OPINION & ORDER In this case, two insurers spar over who will bear responsibility for a personal injury lawsuit filed by a worker at a shared job site. Ohio Security Insurance Company insures a contractor at the job site and has agreed to defend the owners and construction manager in the worker’s suit. Travelers Indemnity Company of Connecticut insures a subcontractor who employed the injured worker and is not a defendant in the injury suit. Ohio alleges that the contractor, owners, and construction manager qualify as additional insureds under the Travelers policy, and thus that Travelers must indemnify and defend them. The Court concludes that there is no reasonable possibility that the Travelers policy covers the worker’s claims. It thus denies Ohio’s motion for partial summary judgment and grants Travelers’ cross-motion for summary judgment. I. Background Carlos Mena worked for Airforce 1 Mechanical LLC as a heating, ventilation, and air-conditioning (“HVAC”) installer at a construction project in Kings County, New York. Rule 56.1 Statement, Dkt. No. 45,

5, 7. On December 8, 2017, he tripped and fell while on the job. Id. 6. He sued the property owners (Safdi Plaza Property LLC and 10 Jay LLC) and construction manager (MJM Associates Construction LLC), among others, in New York state court. Id.

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