In Gabriele v. Lyndhurst Residential Cmty., LLC (2008 N.J. Super. Unpub, (2008) , Essex insured Pyramid Construction & Engineering, LLC under a commercial general liability policy. While Pyramid acted as the prime contractor on a construction project in New Jersey, Salvatore Gabriele sustained fatal injury when he was struck by falling debris. Gabriele had been employed by Bravante Automatic Sprinkler Co., a subcontractor on the project but not a subcontractor of Pyramid, Valdez's employer was not Bossart's own subcontractor. Essex received notice that the administrator of Gabriele's estate had brought a wrongful death action naming Pyramid as a defendant, but the insurer disclaimed coverage of the contractor. Pyramid then brought an action for a judgment declaring its rights under the policy, and the action was consolidated with the wrongful death suit.