Insurance Coverage of a Work Related Injury As a Result of a Defective Machine
Were the Employees Injured in the Operations of the Contractor Covered Under the Umbrella Insurance Policy Which He Had Because of Contractual Obligation ?
In Old Republic Insurance Co. v. Concast, Inc., et al., 588 F. Supp. 616 (S.D. N.Y. 1984), three employees received injuries and claimed that they were the result of a defective machine.
At the time of the injuries, the contractor, because of contractual obligation, had an umbrella insurance policy with language similar to that of First State's policy regarding the definition of additional insured under the policy.
While the federal court held that the insurance policy covered the subcontractor, we can distinguish this case on the grounds that the employees were clearly injured in the operations of the contractor.
The clause in the policy regarding "operations" was not an issue.