Justice Paul Wooten
Insurer Scottsdale Insurance moved for summary judgment dismissing the complaint in this action regarding liability insurance coverage for a personal injury. Eliou & Scopelitis Steel Fabrication (E&S) moved for summary judgment in its favor asserting a claim for a declaratory judgment for Scottsdale to indemnify and defend it in the underlying personal injury suit. Ebenezer Construction employee Lorenzo was allegedly injured at a construction site on a Park Slope Towers project (PST project). Ebenezer had liability coverage from Scottsdale, and E&S was allegedly an additional insured under the policy. Scottsdale disclaimed coverage for E&S in the Lorenzo action claiming E&S cannot be recognized as an additional insured on the policy issued to Ebenezer in the absence of a written contract between Ebenezer and E&S where Ebenezer was obligated to defend, indemnify or hold E&S harmless. The court found Lorenzo’s alleged injuries were not rooted in Ebenezer’s contracted work for E&S. Rather, Ebenezer was performing work under its contract with general contractor Alisa Construction when E&S delivered steel to Ebenezer. Thus, it ruled Scottsdale had no obligation to indemnify and defend E&S in the Lorenzo action under the policy.
