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Starr Indem. & Liab. Co. v. Excelsior Ins. Co.

Plaintiff Entitled to Half of Settlement; Insurer Had to Indemnify Action's Defendants

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OPINION AND ORDER Plaintiff Starr Indemnity & Liability Company (“Starr”) has brought this action seeking a declaratory judgment that Defendant Excelsior Insurance Company (“Excelsior”) is obligated to indemnify parties to an underlying personal injury lawsuit in the Supreme Court of the State of New York, Kings County (the “Underlying Action”). Starr argues that the parties are “additional insureds” under policies issued by Excelsior to a non-party, and now seeks reimbursement for 50 percent of the indemnity payments it incurred in the Underlying Action. Starr and Excelsior have cross-moved for summary judgment on the questions of: (i) whether Excelsior was obligated to indemnify the defendants in the Underlying Action, and (ii) if so, the extent of its indemnity obligation. For the reasons that follow, Starr’s motion is granted, and Excelsior’s motion is denied. BACKGROUND1 A. Factual Background 1. The Underlying Action In April 2015, Kenneth Jacobsen initiated the Underlying Action by filing a lawsuit in the Supreme Court of the State of New York, Kings County. (See generally Underlying Complaint). According to Jacobsen’s complaint, JPMorgan Chase & Co. (“JPMorgan”) owns the premises at 4 Metrotech Center in Brooklyn, New York (the “Jobsite”). (Id. at

17-18). JPMorgan retained Americon Construction, Inc. (“Americon”) to serve as general contractor on a construction project on the Jobsite. (Id. at 23). Americon proceeded to hire National Acoustics, Inc. (“National Acoustics”) as the project’s drywall and ceiling subcontractor (see generally Def. 56.1, Ex. 3), and Tri-State Computer Flooring Co., Inc. (“Tri-State”) as the project’s flooring subcontractor (see generally Tri-State Agreement). Jacobsen, an employee of National Acoustics, alleged that on March 2, 2015, he was injured while performing work on the Jobsite when his scaffolding tipped. (Underlying Complaint

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