Partner Bob Cosgrove and associate Colleen Hayes were awarded summary judgment dismissing all claims in a New Jersey coverage action.

In Nuria Alvarez-Castaneda v. Alvan Construction Inc., et al., the plaintiff brought suit against various defendants after her husband suffered fatal injuries while working at a construction site.

One of the defendants subsequently filed a Third Party Complaint against our client alleging it was entitled to defense and indemnification as an additional insured under an insurance policy our client had issued to another co-defendant.

At the close of discovery, we moved for summary judgment. We argued that, even assuming the Third Party Plaintiff was an additional insured under the policy, the plaintiff was injured while working for the named insured. Thus, based on the policy’s Injury To Employees, Contractors, Volunteers, and Other Workers Exclusion, there was no coverage available to any insured in connection with the plaintiff’s alleged injuries. The trial court agreed and dismissed all claims against our client.
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