Roger H. Proulx & Co. v. Crest-Liners, Inc.

Roger H. Proulx & Company (Proulx) appeals from a summary judgment entered in favor of J & H Marsh & McLennan of Utah, Inc. (J & H). Proulx, a licensed contractor, sued J & H, an insurance broker, for negligence, alleging that J & H failed to add Proulx as an additional insured under comprehensive general liability insurance policies issued to Crest-Liners, Inc. (Crest-Liners), to whom Proulx subcontracted certain work. Proulx alleged that as a result of J & H's failure to add Proulx as an additional insured, Proulx was damaged in connection with a claim made against it by Turner Construction Company (Turner) arising from Crest-Liners' work, which claim, Proulx alleged, would have been covered by the insurance if Proulx had been named as an additional insured.

In moving for summary judgment, J & H contended that its failure to add Proulx as an additional insured did not cause Proulx any damage because (1) Turner's claim against Proulx would not have been covered by the policy at issue even if Proulx had been an additional insured, and (2) even if the claim had been covered, Proulx suffered no damage because it had received or waived the benefits that would have been…