Justice Thomas Feinman
Richard H. Home Improvement Corp. (RHIC) moved for summary judgment dismissal of the third-party complaint. Pro-Quality Home Improvements (PQHI) cross-moved for a declaration that RHIC was required to defend, indemnify and hold it harmless in the instant personal injury suit. Plaintiff worker, employed by RHIC, sued for personal injuries he sustained when he fell from a ladder at a residence. PQHI hired RHIC to perform work at the house. RHIC and PQHI entered into a subcontractor agreement including insurance coverage. RHIC argued Workers’ Compensation Law §11 barred PQHI’s claims for common-law contribution and contractual indemnification as plaintiff did not suffer a "grave injury." RHIC argued it did not agree to procure insurance naming PQHI as an additional insured. The court stated the WCL did not shield RHIC from liability as the agreement satisfied PQHI’s claim for indemnification. It noted the agreement clearly evidenced RHIC’s intent to indemnify PQHI in the event of an on-the-job injury, and to name PQHI as an additional insured. The court found RHIC’s intent was further evidenced by two certificates of insurance insuring RHIC and naming PQHI as an additional insured. Thus, RHIC’s motion was denied.
