Westfield Insurance Company v. FCL Builders

(Court opinion corrected 3/11/11.) General contractor (FCL) was hired to work on construction project, and subcontracted out steel fabrication and erection for project to Suburban Ironworks, which subcontracted out steel erection to JAK; employee of JAK was severely injured in fall from steel beam. Court properly granted summary judgment in favor of JAK's insurer, in finding that FCL was not an additional insured under the policy issued to JAK and was thus not obligated to defend or indemnify FCL in tort action filed by injured employee. Plain language of endorsement required that JAK and other entity must have agreed in writing that entity be added as additional insured, and no such written agreement existed between JAK and FCL. Certificate of insurance, which was not issued by insurer but by a third party, expressly confers no rights on certificate holder and expressly does not alter insurer's liability on policy. (KARNEZIS and HARRIS, concurring.)