A recent decision from the U.S. District Court for the Eastern District of New York illustrates an effective approach for an owner or general contractor to receive defense coverage as an additional insured to a subcontractor’s liability insurance.

In Axis Construction v. Travelers Indemnity Company of America, 2:20-cv-01125 (DRH) (ARL) (E.D.N.Y. Sept. 1, 2021), a general contractor was found to be entitled to such defense coverage as an additional insured, even though the original lawsuit did not name the subcontractor as a party. The original lawsuit was brought by an employee of that subcontractor, claiming injury on the jobsite for a gravity-related injury. As is commonly seen, the employee sued the general contractor, the property owner, and the property manager, asserting claims for an unsafe workplace under New York’s Scaffold Law [N.Y. Labor Law §§240 and 241], among others. Worker’s compensation laws precluded the employee from suing his employer, the subcontractor.