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Neil Mascolo Secures a Summary Judgment Win

By November 3, 2022No Comments

Partner, Neil Mascolo, wins summary judgment for Harleysville Insurance Company in a Declaratory Judgment action. Neil sought additional insured coverage for his client, a GC, in a Labor Law 240(1) and 241(6) case. The defendants were two separate insurers for two different subcontractors. The insurers denied the tender of coverage based on their argument that there was no written contractual requirement to procure additional insured coverage for the GC and owner. Both insurers also argued that their respective insureds played no role in the underlying accident. Neil successfully established that, not only was there a written contractual requirement for additional insured coverage for the GC and owners, but that both subcontractors played a role in the underlying accident. The court agreed and held that the defendant insurers owed both a defense and indemnity, on as primary noncontributory basis.