Owners Insurance Company v. Seamless Gutter Corp.

(Court opinion corrected 12/27/11.) Insurers sought declaratory judgment that general contractor and subcontractor were not entitled to coverage under CGH and commercial umbrella policies issued to gutter company. General contractor was not an insured under either policy, and thus insurers had no duty to defend it in underlying personal injury suit filed by employee of general contractor who sustained injury when he fell on unnatural accumulation of ice at construction site. That CGL insurer did not question general contractor's status as an insured in refusing tender of its defense did not raise genuine issue of material fact. Employee exclusion in CGL policy applied, and thus insurer had no duty to defend in third-party suit. (LAMPKIN and ROCHFORD, concurring.)