HRH Construction Interiors, Inc. v. Royal Surplus Lines Insurance
Opinion of the Court
The underlying action arises from a worker’s fatal fall at a construction site referred to as the Scholastic project. HRH was the project’s general contractor; the worker was employed by a subcontractor; National is HRH’s general liability insurer; and Royal is the subcontractor’s general liability insurer. The contract between HRH and the subcontractor required the subcontractor to indemnify and hold HRH harmless from all losses arising out the subcontractor’s work, and as part of that obligation, also required the subcontractor to procure primary insurance naming, inter alia, HRH as an additional insured. National’s policy with HRH and Royal’s policy procured by the subcontractor contain identical “Other Insurance” clauses to the effect that the policy is primary, unless there is other insurance that is also primary, in which event the insurer would share the loss equally with all other insurance permitting contribution by equal shares, up to the limits of the policy. Royal’s policy with the subcontractor also contains an endorsement, entitled “Additional Insured (Blanket—Primary),” including as an insured any organization for which the subcontractor is obligated to provide insurance by virtue of a written contract, but only with respect to operations performed by the subcontractor, and providing that if such contract requires such insurance to be primary, then Royal’s policy “shall be primary as respects [the subcontractor’s] negligence .... Other Insurance does not apply, but only with respect to coverage provided by this policy.” Also part of Royal’s policy is an endorsement that is labeled a “Schedule” of “Additional Insureds” at the Scholastic project, and which lists 21 “Owners, Lessees or Contractors” at that project, by their proper names and roles, the first name listed being “HRH Construction Interiors, Inc. (CM).”
Royal argues that the “specific” Scholastic endorsement over
Since Royal’s duty to defend is triggered by a “suit” against an insured, such duty arose upon the commencement of the underlying action against HRH, not upon National’s notice to Royal of the accident and initial tender of the defense, and we modify accordingly.
We have considered Royal’s other arguments and find them unavailing. Concur—Mazzarelli, J.E, Williams, Gonzalez and Catterson, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.