A-1 Roofing Company v. Navigators Insurance Company

(Court opinion corrected 11/21/11.) General contractor for roof resurfacing job at high school was the only additional insured under subcontractor's CGL policy which had additional insured endorsement stating that coverage would not be provided for any claim arising out of sole negligence of any additional insured. Employee of another subcontractor was killed while operating boom-lift leased by insured's subcontractor. Negligence allegations in underlying complaint were not exclusively directed at general contractor, and thus sole negligence exclusion was not triggered to negate coverage. Insurer, which failed to do anything other than respond to tender with letter, is estopped from asserting policy defenses to coverage. (GARCIA and McBRIDE, concurring.)