Justice Francesca Connolly
A declaratory judgment action arose out of an action brought by Lombardo for injuries he allegedly sustained while working as a stone setter for Petrillo Setting Corporation at a construction project managed by Tishman Interiors Corporation. Petrillo Stone Corporation contracted with Tishman to do stone installation work on the site and subcontracted the work to Lombardo’s employer, Petrillo Setting. Petrillo Stone sought a determination that it is entitled to coverage on a primary basis as an additional insured on the commercial general liability insurance policy issued by defendant QBE Insurance Corporation to Petrillo Setting, or alternatively, that Petrillo Setting is in breach of contract for failure to provide insurance coverage. The court held that Tishman established a reasonable excuse for its delay in notifying Petrillo Setting’s insurance carrier of its potential claim as an additional insured because of a good faith belief that Lombardo was employed by Petrillo Stone. The accident report and complaint asserted or alleged that Lombardo was employed by Petrillo Stone, and added that there was no evidence that Tishman had notice that the work was subcontracted by Petrillo Stone to Petrillo Setting, or that Petrillo Setting even existed.
