St. Paul Fire & Marine Insurance v. American Dynasty Surplus Lines Insurance

In this case, we are asked to address the question of the proper meaning and construction to be given to the language of causation utilized in a policy of liability insurance and in a related contract of indemnity. We are asked to determine and apply the meaning of the phrases “resulting from,” “arising from” and “arising out of’ in the context of a limitation to (1) the “acts or omissions” of the indemnitor and (2) the “liability” exposure of the indemnitee. Upon that determination depends the liability of the appellant subcontractor under a contract of indemnity given to a general contractor for an injury sustained by one of the subcontractor’s employees. In the subcontract, the subcontractor promised to indemnify the general contractor from any liability for damages attributable to bodily injury (including for attorney’s fees) that arose from, in whole or in part, “any act or omission” of the subcontractor. In addition, the subcontractor promised to add the general contractor to its liability policy as an “additional insured,” but such coverage would only extend to “liability arising out of’ the subcontractor’s ongoing operations for the general contractor.

Sasco…