Certain Underwriters at Lloyd's of London v. American Safety Insurance Services, Inc.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Before the Court is a motion for summary judgment filed by the defendants American Safety Insurance Services, Inc. (“ASIS”) and American Safety Indemnity Company (“ASIC”). After reviewing the parties’ moving papers, the Court GRANTS the motion.

I. Background

On April 27, 2005, Alexandra Negri filed an action (the “underlying action”) against Ashby USA (“Ashby”) and various other entities in California Superior Court, asserting claims arising out of a motor vehicle accident that occurred on one of Ash-by’s real estate development sites.

The plaintiff in this action, Certain Underwriters at Lloyd’s of London (“Plain tiff”) defended and settled the claims against Ashby in the underlying action. Plaintiff subsequently filed this suit against ASIC and ASIS, seeking contribution on the ground that Ashby is an additional insured under an insurance policy that ASIC issued to one of Ashby’s contractors, Ralph D. Mitzel, Inc. (“Mitzel”).

In May of 2003, Ashby, through an oral agreement, hired Mitzel to rent grading equipment in connection with the grading at Ashby’s real estate development site. (Defs.’ Statement of Undisputed Fact…