Westfield Insurance Co. v. Keeley Construction, Inc.

Plaintiff insurer filed complaint seeking declaration that it did not owe a duty to defend or indemnify Defendants as additional insureds on its policy. Subcontract explicitly required Defendant's insured to obtain insurance in accordance with requirements that it name Defendants as additional insureds and to obtain CGL insurance on a primary and non-contributory basis that covered them. As insured agreed in the subcontract to name Defendants as additional insureds, they are covered by the plain terms of the CGL policy. Thus, court properly granted summary judgment for Defendants. (MIKVA and GRIFFIN, concurring.)