Justice William Giacomo
Insurer Century sought summary judgment on its declaratory judgment claim. Worker Jadron sued under the Labor Law for personal injuries sustained when he fell from a height at a construction site. He worked for a subcontractor hired by another subcontractor for roofing work. Century issued a commercial liability insurance policy to All in One Roofing (AIO) with an exclusion for bodily injury to independent contractors. Century disclaimed coverage to AIO based on the exclusion claiming Jadron was employed by an independent contractor. Jadron alleged he was employed by a subcontractor, not independent contractor. The court found while Century established prima facie entitlement to summary judgment on its declaratory judgment claim that it was not required to provide a defense or indemnification in the underlying matter based on the exclusion, Jadron raised an issue of fact by arguing he was employed by a subcontractor, not independent contractor. It found the exclusion created an ambiguity in the policy by interchangeably using the words subcontractor and independent contractor without providing a definition of either. As Century failed to show Jadron's employer was hired as an independent contractor, its summary judgment motion was denied.
