Amerisure Ins. Co. v. Nat’l Surety Corp.

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 11-2762 & 11-2771 Cons.
Decision Date: 
August 17, 2012
Federal District: 
S.D. Ind., Indianapolis Div.
Dist. Ct. did not err in finding that three insurers of general contractor were responsible for paying $2.9 million settlement of claim brought by injured worker of subcontractor. Ct. noted that cross-liability exclusion contained in different umbrella policy, which excluded coverage for claims brought by any insured against another insured, precluded coverage where injured worker suffered bodily injuries, and where injured worker and general contractor were insureds under umbrella policy. Ct. rejected insurers’ argument that instant exclusion impermissibly made policy illusory by purporting to grant coverage for subcontractor’s indemnity obligations to general contractor, but then denying such coverage under language of exclusion.