Certain Underwriters at Lloyd’s London v. The Burlington Insurance Company

(Court opinion corrected 7/16/15.) Employee of steel subcontractor sued commercial developer for injuries sustained in accident at construction site. Developer's insurer filed declaratory judgment action against steel subcontractors' insurer. Court properly held that steel company's insurer had sole duty to defend developer as additional insured. Insurer of another subcontractor , which had filed separate declaratory judgment action seeking declaration that developer was not additional insured under its policy, does not have status of a necessary party to this coverage dispute. Court had only to determine which of two insurers owed primary duty to defend developer. Court properly found that steel company's insurer's "other insurance" clause rendered it primary to developer's policy and responsible for its defense costs. (LAVIN and MASON, concurring.)