Hanover Insurance Company v. Catlin Specialty Insurance Company

Summary

The Appellate Division, Second Department, affirmed dismissal of Hanover Insurance Company's claims against Catlin Specialty Insurance Company in a dispute over additional-insured coverage for Industria Superstudio Overseas. The court held that the construction contract unambiguously identified Fabrizio Ferri, rather than Overseas, as the contracting owner and remitted the matter for entry of a declaratory judgment that Catlin had no duty to defend or indemnify Overseas.

Holdings

1. The construction contract unambiguously identified Fabrizio Ferri as the sole Owner contracting with Bulson Management LLC; Industria Superstudio Overseas was not a party to the contract and the additional-insured language did not apply to it.
2. Dismissal of the complaint insofar as asserted against Catlin was proper under CPLR 3211(a)(1) because the documentary evidence conclusively established that Overseas was not entitled to the claimed coverage.
3. Catlin had no duty to defend or indemnify Industria Superstudio Overseas in the underlying personal injury action.

Questions Presented

1. Whether the construction contract was ambiguous as to whether Industria Superstudio Overseas was a contracting party or additional insured.
2. Whether the Supreme Court properly granted Catlin's CPLR 3211(a)(1) motion to dismiss the coverage claims.
3. Whether the court should remit the matter for entry of a declaratory judgment concerning Catlin's duty to defend and indemnify Overseas.

Disposition

affirmed