Harwell v. Fireman’s Fund Insurance Company of Ohio

(Modified upon denial of rehearing 8/2/16.) Jury found general contractor negligent in supervising construction site where Plaintiff was injured. General contractor's insurer refused to pay damages to Plaintiff, who was employee of subcontractor, claiming that general contractor had not complied with policy endorsement. Equitable principles estop insurer from asserting that endorsement against Plaintiff.  Thus, court erred in granting summary judgment for insurer and should have been granted to Plaintiff. Insurer had told general contractor, years prior to trial, that it was limiting its liability to $50,000, but never disclosed this to Plaintiff  in discovery. (PIERCE and SIMON, concurring.)