Hartford Casualty Insurance v. Mt. Hawley Insurance

Under a construction contract, a subcontractor agreed to indemnify the general contractor for claims and liabilities arising out of the subcontractor’s performance and to obtain a commercial general liability (CGL) policy listing the subcontractor as the named insured and the general contractor as an additional insured. The general contractor also had its own separate CGL policy, designating it as the named insured.

While the construction was in progress, an employee of the subcontractor was injured and filed suit against the general contractor. The subcontractor’s insurer provided a defense and settled the case, using its own funds.

The subcontractor’s insurer then filed this action against the general contractor’s own insurer, seeking payment of one-half of the defense and settlement expenses. The general contractor’s own insurer asserted it was not liable for contribution because, under the indemnity provision in the construction contract, the general contractor was not liable to the subcontractor in any amount. On cross-motions for summary judgment, the trial court agreed with the subcontractor’s insurer and entered judgment against the general contractor’s own…