American
American Casualty Co. v. General Star Indemnity Co.
Opinion
Opinion
Croskey, J.
In this case, arising from a dispute between liability insurers, we consider the scope and extent of coverage under an “additional insured” endorsement to a general liability policy that had been issued to Crowvision, Inc. (Crowvision), an independent motion picture company. The endorsement purported to provide limited liability coverage to a motion picture studio, Carolco Studios, Inc. (Carolco), in connection with the filming of a motion picture entitled The Crow (Miramax 1994). The principal issues presented by this appeal are (1) whether Civil Code, section 2782 may be applied to limit coverage, not otherwise disputed, under an “additional insured” endorsement, and (2) the impact on that coverage by the provisions of an indemnity agreement executed between Crowvision and Carolco.
We conclude that while section 2782 may preclude enforcement of a promise of indemnity in a construction contract, it does not limit the enforcement of an “additional insured” endorsement provided to the indemnitee by the indemnitor’s liability insurer pursuant to the terms of the indemnity agreement. In addition, we hold that the provisions of the contract of indemnity will not preclude…