Vitton Construction Co. v. Pacific Insurance

Having concluded a general contractor was not entitled to coverage as an additional insured under a policy held by one of its subcontractors, the trial court granted summary judgment in this subrogation action in favor of the subcontractor’s insurer, Pacific Insurance Company (Pacific). In so doing, the court distinguished our decision in Acceptance Ins. Co. v. Syufy Enterprises (1999) 69 Cal.App.4th 321 [ 81 Cal.Rptr.2d 557 ] (Syufy), which addressed identical contractual language. We conclude the undisputed facts of this case satisfy the minimal causal connection required to trigger coverage under the additional insured provision at issue, and therefore we reverse the judgment.

BACKGROUND

Vitton Construction Company, Inc. (Vitton) agreed to serve as the general contractor on a project to construct a warehouse for Catalytica Bay View, Inc. (Catalytica) in East Palo Alto. Vitton entered a subcontract agreement with Pacific Erectors, Inc. (PEI) for, among other things, the “[cjutting and installation of roof opening frames.” The subcontract required PEI to carry general liability insurance “covering all operations by or on behalf of [PEI] ... and including coverage for:…